Discretion Standard Research On The Immediate Execution Of The Death Penalty Of Intentional Homicide

The death penalty is the most serious punishment for the life of the criminal,with the most severe cruelty and inrecoverability.As a punishment,the criminal has the greatest deterrent force and plays an important role in fighting crime.With the development of human civilization,the concept of human rights is deeply popular and the death penalty has been questioned.Many western developed countries have abolished the death penalty from the legislation.As far as the current situation of China is concerned,China cannot abolish the death penalty at this stage.It can only retain the application to limit the death penalty from judicial practice.Murder is the most important one of the most applicable death penalty in our country,therefore,analysis and discussion on the problem of death penalty of intentional homicide,to implement the criminal policy of less kill kill cautiously fundamentally realize the death penalty judicial control is very important.According to the intermediate court in a given area has a certain time span of intentional homicide 60 on the first-instance judgment as sample,through data analysis and case analysis,the fault and the victim of crime motive,injury consequence,surrender,merits,civil compensation and intentional contents such as legal,discretion to carry on the analysis,the empirical analysis to explore the plot for execution immediately considerations apply to the judge,and death,life imprisonment or fixed-term imprisonment influence factors and influence degree of 15 years,as far as possible to clarify the death penalty for intentional killing cime in the criminal standard.Through the empirical analysis,it can also be clearly understood that the crime of intentional homicide in China is applicable to the status quo and the malady of the immediate execution of the death penalty.The justice on the one hand,influenced by serving socialism in our country,on the other hand,the influence of public opinion to a certain extent about cases,again on the one hand is the judge discretion,lack of effective institutional constraints lead to intentional homicide too much too extensive to apply in our country's judicial execution immediately.The status quo is the root cause,there are legislative factors,such as charges too,simple,legal punishment range is too big,to reduce crime and crime of intentional killing cime in the criminal judicial explanation for the lack of corresponding sentencing rules,there is also a judge in judicial sentencing too much consider the public's anger and social public opinion,etc.The general standard for the application of death penalty in criminal law is that "the crime is extremely serious",and the application of the death penalty should be strictly controlled,and how to understand and grasp the "extremely serious crime" is particularly important.There are three different understandings of the "extremely serious crime",but the fundamental difference lies in whether it contains subjective and personal danger.The author agrees that "the crime is extremely serious" contains subjective and personal danger.In judicial practice,the judge also considers it.The judge is in the control of "extremely serious crimes" mainly from the nature of crime,the objective harm of crime,the crime plot and subjective malignancy and personal danger.In the murder of how to implement the "criminals who have committed extremely serious" the total standard,real control on the judicial practice and to limit the immediate execution of a death penalty applies has important realistic significance and practical value.This can be from two aspects to analysis,one is to explore death penalty for murder in which circumstances the immediate execution,the advice from intentional homicide motive,intentional killing specific plot,the damage consequences of intentional homicide and grasp the subjective vicious and personal risk;The second is to study the cases where the crime of intentional homicide does not apply to the immediate execution of the death penalty.Having the legal right to follow the light plot without special circumstances;There is no other legal,discretionary,and heavy plot to understand.This article through to the death penalty for intentional killing cime in the criminal case study and data analysis,to explore the death penalty discretion standard,intentional killing cime in the criminal cannot end of various cases of intentional homicide,but probably for murder the death penalty discretion standard is more scientific and reasonable elaboration,in order to provide references for the judicial practice in our country,for our country judicial control,limit and reduce death penalty all contribute to the point.