Study On Limitation Of Death Penalty To Crime Of Intentional Homicide From The Perspective Of The Victim’s Fault

The offence of intentional killing may exists the victim’s fault,in our criminal law,the fault of the victim is a factor to punish more slightly.Therefore,in some cases,the plot of the victim’s fault in the death penalty on the intentional murderer is not given enough attention.In order to Limit the use of death penalty in crimes,the victim’s fault should be legislated as a determining factor in measuring punishment.This article intends to discuss and study related issues from three parts:The first part begins with Jia Jinglong case and raises questions.Explain the Supreme People’s Court’s reply to Jia Jinglong’s immediate execution of the death penalty,queried against the Supreme People’s Court’s reply,and analyzes the victim’s fault in Jia Jinglong case specifically.The second part discusses the application of the death penalty for intentional homicide and the feasibility of restricting the death penalty for intentional homicide.The third part discusses how to limit the death penalty of intentional homicide from the perspective of the victim’s fault,including summarize the concept of the victim’s fault,classification and the theory of the victims’ fault how to affect criminal liability,contrast and analyze the foreign legislation on victim’s fault,combine with the case of battered women kill their abusive partners to research how to determine the victim’s fault,conceive the victim’s fault how to be legislated on the offence of intentional killing finally.