The Research Of Applicable Standards Of Immediate Execution Of Death Penalty

As a penalty by depriving a criminal of his life,death sentence with immediate execution is irrevocable once it is imposed,so for criminals,the standard for imposition of death sentence with immediate execution is a “line between life and death”,thus its importance is self-evident.But in reality,there is a lack of clear standards for death sentence with immediate execution,and a common theory is hard to form in theoretical studies.Therefore,different standards are adopted for death sentence with immediate execution in judicatory practice,and that statement appears excessively sample in the written judgment.Because of this,“the same case is often decided differently” and even decided wrongly so that the case may end in tragedy.On the basis of the re interpretation of article forty-eighth of the criminal law provisions on the death penalty,the death penalty should be executed immediately = death penalty(application of death penalty)+ immediate execution(execution of death penalty)of the conclusion is the death penalty for immediate execution is prerequisite to meet the applicable conditions of the death penalty "death penalty circle",on this basis,and then consider the application the standard implementation,namely the substantive conditions for the execution of the death penalty.Starting from the basis of sentencing,the immediate execution of death penalty the premise of "extremely serious crime" is the standard of objective harm and subjective malice,immediate execution of death penalty substantive conditions for the "must be executed immediately" is the standard of personal danger.That is a crime because of objective harm and subjective malicious great and was evaluated as "extremely serious crime" before they can enter into "death penalty circle",satisfies the prerequisite for immediate execution of death penalty,then the criminal personal dangerousness into evaluation,if the personal danger of the person great,in the immediate execution of death penalty to meet the substantive conditions under the condition of the application was executed immediately,otherwise it is suspended for two years.The above conditions of the premise and the evaluation of the substantive conditions are the two parts of the order,is a gradual step by step process,can not be carried out at the same time can not be repeated evaluation.In these years,some of the most striking cases of death penalty are often violent violent cases,so this article mainly focuses on intentional homicide cases,the focus of controversy is often in the way of execution,is immediately executed between or a stay of execution,rather than whether it should be sentenced to death in the dispute,so this paper about the substantive conditions of immediate execution of death penalty of personal danger is more important.The personal danger as the immediate execution of death penalty substantive standards applicable to the judicial practice to reduce the death penalty immediately,in accordance with the present stage of our country's criminal policy and development trend of the death penalty to the abolition of the backstepping.Although the research on the personal risk assessment is a systematic and professional work,but also because of the complexity of personal danger itself,research on its assessment should be established on the basis of empirical research,but the ability is really lacking,unable to obtain accurate data and put forward specific system evaluation,just simple the factors when evaluating on the stage of the personal danger often considered are briefly introduced,hoping to play a useful role.