Existing Problems And Improvement In The Application Of The Principle Of Relaxation From The Old To The Light In The Judgment Of Restriction On Mitigation Of Sentence With Death Suspension

Case guidance system in China formally established since 2010,elaborated the important guidance for judicial practice,but generated is top-down logic of guiding cases in our country,has a strong administrative color.In order to minimize the negative influence of guiding cases in judicial practice,it is necessary to review the case,especially from the perspective of criminal law basic principle,strengthen each case rational,weaken the administrative guidance,anyone who violate the criminal law basic principle guiding cases should not be reference.Based on this consideration,this paper selected the guidance of the supreme people's court case 4,12,compare investigation,and for death limit commuted standard question what the two cases refined,According to the requirement of a legally prescribed punishment for a review,,and claim to apply the principle of limit commutation can't break it from the old and be given a lighter.To be specific,For effective "punishment" eight 2011 former crime,applicable limits the commutation logic must be sin when the death penalty,the lighter the plot is not enough to apply,but applicable limitation commutation can adapt the offense;If death was enough to apply,it is forbidden for limiting commutation;There is no death penalty significantly overweight,and sentenced to death and crimes not only adapt to the extra restrictions were reduced in the middle of the state.According to this,zhi-cai wang's case against the old and lighter principle,Li Fei case Don't break from the old and be given a lighter principl,but the referee reasons for errors.In spite of this,The referee points have to correct,if you can understand correctly the supreme people's court rules,the referee points still has great reference value,can be made completely accords with the conclusion from the old and be given a lighter.