The Research On Judicialapplication Of Suspended Death Penalty With Limit Commutation

As a new penal system,suspended death penalty with limit commutation still has its problems in the process of juridical practice,so the public has the doubt in its validity.Based on the empirical method,the paper combines theoretical analysis with comparative analysis together,pointing out some constructive views about the judicial applicability of suspended death penalty with limit commutation in four aspects' research.First,limited capacity for criminal responsibility should not be sentenced to death with reprieve commutation limit;Second,Charge Theory holds that this can achieve the double requirements in both value and practice level.Therefore,suspended death penalty with limit commutation should be applied to two cases: one is causing death;the other is causing serious injury or disability by cruel means.Third,as for recidivists,those whose former crimes are violent crimes and felonies with sentencing over five years,in principle,should be applied to the system.Drug recidivists should also be applied unless some exceptions.Technically,criminal records should not be applied to the system,but the applicable conditions are strict in exceptional cases.Fourth,discretionary sentencing circumstances in a case do not necessarily applied to the system,and itshould be combined with others instead of exclusive application according to its sentencing circumstances,such as the classification model of applying victim fault to the system,civil conflicts + victim fault,sincere repentance + active compensation,sincere repentance + understanding from victims.