Study On The Limitation Of Applying The Death Penalty In Robbery

The 263 rd section of China's Criminal Law lists eight aggravating cases of robbery applied to death penalty,which reduces the threshold of the death penalty for the crime of robbery.The circumstances of discretion of sentencing are applicable without standard guidelines.The discretion of the judges is wide,which makes the crime of robbery applicable to the death penalty case unsuitable.It is not conducive to the restriction of the application of the death penalty for the crime of robbery,and it does not conform to the international trend of the abolition of the death penalty.This article focuses on the issue of the application of the death penalty for the restriction of robbery and is divided into three parts.The first part analyzes the legislation on the configuration of death penalty for robbery.First,it introduces the modification of criminal law during the period from 1979 to 1997,and the application of death penalty to robbery is restricted under eight situations.Secondly,it introduces the legality and the seriousness of the crime of robbery.Finally,from the two parts of illegality and accountability,we analyze the general conditions for the application of death penalty for robbery.The second part,based on the empirical study,analyzes the selected cases of robbery,and finds that the discretion of the discretion of sentencing has a significant limitation on the application of the death penalty to the crime of robbery,among which the family understanding of the victims and the compensation of the defendant are the most prominent,and the truthfully confession and the confession of repentance also have a positive effect on the application of the death penalty for the crime of robbery.The third part,has been mentioned before,takes the discretionary circumstances of sentencing as the core,and puts forward the Judicial Restriction path for the application of death penalty for robbery.First,it points out that it is necessary and feasible to apply the death penalty restriction to robbery.Then it introduces the concept of the discretionary circumstances of the sentencing,and analyzes the four discretionary sentencing circumstances of the victim's family understanding,the defendant's compensation,the truthful confession and the confession of repentance.Secondly,according to the specific circumstances,the author analyzes the limitation of the discretion of sentencing in Wang Sheng robbery and the case of Yujiang robbery,and recommends the publication of a guiding case for the application of the death penalty for the crime of robbery.Finally,we put forward to strengthen the reasoning of the referee's documents,strengthen the adequacy of the reasoning of the referee's documents and the openness of the form,so as to make the death penalty cases of robbery do the same case with the same case,and limit the application of the death penalty for the crime of robbery.