The Research Of "Does Not Have To Be Implemented Immediately" In The System Of Reprieve

The application of the system of death in criminal justice practice implement the criminal policy of "less killed",and it has played a pivotal role to limit the immediate implementation of the death penalty.But also makes our country and the international trend of criminal justice consistent.However,the specific conditions of the application in China's criminal law are abstract,resulting the application of death is entirely dependent on the judicial staff of the subjective judgments,the discretion of them is too large,but also because of different times,the quality of the judicial staff in different regions and other aspects is uneven,making a serious influence to the effect of the death.And then cause the public to question the justice of the judiciary,shake the authority of the judiciary.Therefore,it is important to define the conditions of the application of the death penalty in judicial practice and to reduce its disadvantages.The full text is divided into the following four parts:The first part: The problem of "does not have to be implemented immediately" in judicial practice.In this part,the author first sums up the fuzzy rules of the conditions of death,and then summarizes and analyzes the problems such as the irregularity in the judicial practice.But in the view of the social situation and it has played a pivotal role to limit the immediate implementation of the death penalty.So it is difficult to abolish the system of reprieve at this stage.We can only normalized conditions of death,to make the implementation of the reprieve more standardized and more operational.The second part: The position of "not necessarily the immediate implementation" in the application of death."The crime is extremely serious" and "should be sentenced to death" is a prerequisite for the application of death."Is not necessary to implement immediately" is the core in the application of the deadline.Only the specific this condition,we can truly master the core standard of the system of death.The third part: The academic controversial review of "not necessarily must be implemented immediately".In this part,the author first commented on the traditional theory of "does not have to be implemented immediately" in the application,and on this basis leads to the theory of forgiveness.Then make discuss around the forgiveness theory.The fourth Part: A concrete analysis of the application that “does not have to be implemented immediately”.This part is the key content of the article,using the method of empirical analysis.Through the comparative analysis of the cases of application of death in criminal justice practice,summed up the practice often as a reason for the death,such as the Statutory lenient punishment,Discretionary lenient punishment and other aspects of the discussion.The conclusion can be used as the reason that "not necessarily the immediate implementation" of the factors.Then discuss some of these conditions,in order to making the application of "not necessary to immediately implement" can be more specific and more operational.This article focuses on the core condition of the application of death----the understanding and application of "it is not necessary to be implemented immediately".The article through academic and empirical analysis,to discuss the application should be considered in the specific circumstances,so that the condition of the application of death is clearer and more operational.