Study On The Application Of Death Penalty In Intentional Homicide In China

With the progress of China's rule of law civilization and the increasing call for the abolition of death penalty in the world,the death penalty cases have become more and more important in China,especially in the case of death penalty for intentional homicide.In our country's death penalty count,the proportion of crimes of intentional homicide is high.At the same time,there are many problems in the sentencing of death penalty.The case of intentional killing by Jia Jinglong,a villager in Beijiaying County,Shijiazhuang City,Hebei Province,was a case of intentional homicide triggered by the intensification of house demolition disputes.Whether the victim He Jianhua was at fault in the entire incident and whether he had direct responsibility for the intensification of the contradictions was a dispute in this case.focus.In the first instance,Jia Jinglong's death sentence was immediately executed,the defendant refused to accept the appeal,the second instance upheld the original verdict,and the Supreme People's Court approved the death of the defendant for purposeful homicide Jia Jinglong's execution.For a time,there have been many discussions from various sectors of the society.Some lawyers and scholars have appealed for “keeping people under the knife.” Prof.Lou Dongyan,Prof.Yu Jianrong and Prof.Zhang Qianfan have said that Jia Jinglong is not a dangerous figure and Jia Jinglong is “not guilty of sin.” In the end,Jia Jinglong was executed.According to the case of the intentional killing case of Jia Jinglong,this article combined with the controversial focus of the case and the person in charge of the Criminal Court of the Supreme People's Court answered the reporter's question regarding the approval of Jia Jinglong's death sentence,analyzed the sentencing issue of Jia Jinglong's intentional killing case,and focused on the analysis of discretionary quantitative plots.“The triggering of civil conflicts has triggered” and “the fault of the victim has led to an intensification of contradictions”,and it has been concluded whether Jia Jinglong “sinned to death” and concluded whether Jia Jinglong's application of the death penalty was immediately executed.Through Jia Jinglong's intentional homicide case,find out the problems in the applicati on of the death penalty for intentional homicide in China: the application criteria for death penalty of intentional homicide are not clear,the application of discretionary quantitative punishment is not clear,public opinion influences the application of death penalty,lack of judicial coherence,etc.In view of the problems existing in the application of the death penalty for intentional homicide from the case of Jia Jinglong,the author puts forward suggestions for improving the application of death penalty in intentional homicide in China: First,in terms of legislation,we must standardize the applicable standards for the death penalty of intentional homicide and change the penalties from heavy to light.The substantive conditions for the application of the death penalty are clearly stipulated in the form of legal provisions,thereby reducing and regulating the discretion of the judge from the legislative perspective;secondly,the quantitative discretionary sentence is applied to be clear,that is,the application of each of the discretionary circumstances to the defendant.In terms of magnitude,there should be clear standards to further standardize the discretion of judges.Third,to regulate the influence of public opinion on judicial activities,the judiciary should actively guide the direction of public opinion;in the end,it is necessary to strengthen the judicial coherence.