Thinking About The Effect Of Economic Compensation In The Execution Category Of Death Penalty

There is a voice of the abolition of the death penalty internationally,China still retains the death penalty based on its own national conditions.With the progress and social development of era,the factors that affect the execution of the death penalty has changed so much.The most influential factor is economic compensation.Although economic compensation is only a discretionary circumstances of sentencing that gets a lot of attention in the judicial practice of our country,how to deal with the relationship between economic compensation and the category of the execution of death penalty is still a major problem in criminal trial work.If the effect of economic compensation in the execution of the death penalty is taken into account,this undoubtedly challenges the traditional Chinese concept of justice,which leads to many different views on whether the economic compensation affects the category of the execution of the death penalty.Whether economic compensation can have an effect on the execution of the death penalty,there are different opinions and many controversies in society.Some people think that economic compensation can not only reduce or make up the loss of the victim and comfort the psychological trauma of the victim,but also protect the rights and interests of the victims,which is conducive to the implementation of the criminal policy of less killing and cautious killing,thereby promoting the organic unity of the legal and social effects of penalty and restoring order and promoting social harmony;others believe that economic compensation will cause unfair in penalty.The unfairness of the above will produces the phenomenon of "reduce penalty by money",which violates the principle of equality in law,damages the fairness and authority of the law and hinder social stability and development.As far as these two viewpoints are concerned,both sides have a certain degree of rationality,but at the same time they have obvious one-sidedness.We cannot affirm or deny it simply.Even though economic compensation does have legal basis and criminal policy basis in the category of the execution of the death penalty,and has obvious positive effect in judicial practice.However,we must also consider the effect of economic compensation rationally and cautiously when dealing with the specific cases.That is,we stick to the different-situation-different-solution policy.We should have different considerations and analysis of economic compensation when dealing with different cases.In the specific case of death penalty,economic compensation will be different because of the nature of case,the ability to compensate and the attitude of compensation.If we consider the effect of economic compensation in the execution of the death penalty,there will be a certain degree of sensitivity,which will leads to many doubts of the public.Facedwith the people's doubts,it is necessary to clearly understand whether economic compensation has an effect on the category of the execution of the death penalty,and explain the rationality of its effect and the principles and conditions are strictly observed in the category of the execution of the death penalty.In short,when we see the economic compensation can clearly reflect the subjective evil and reduction of personal danger of the injurer,and can reflect that it no longer has the possibility of recommitting a crime,it can be used as a discretionary circumstances of sentencing of the category of the execution of the death penalty.