An Empirical Study On The Application Of The Death Penalty For Intentional Homicide

In the application of the penalty for intentional homicide,the most controversial and most problematic is the application of the death penalty.Taking the crime of intentional homicide as the starting point,it is a better choice to study the application status of the death penalty.The purpose of this paper is to standardize the application of the death penalty for intentional homicide.Starting from the legislative changes of the death penalty system,this paper briefly introduces the views on the application of the death penalty norms.For example,there are different opinions on the macro application conditions of the death penalty for this crime.The sequence of specific application methods in the death penalty circle is confused,and the sentencing circumstances are vague.This paper takes the 115 trial practices of intentional homicide announced by Shanxi Province as the sample.And the author uses the method of empirical analysis to analyze the status quo of death penalty application of intentional homicide.This paper presets the variables that may affect the judgment result and divides them into four categories.Then the author uses frequency analysis to calculate the application of the penalty for intentional homicide.And the author uses Pearson chi-square test to count the variables related to the specific judgment result,and binary Logistic regression analysis used to count the variables that had influence on the penalty sentenced.By analyzing the results of empirical tests,this paper finds that,from the overall verdict of the crime of intentional homicide,death penalty with reprieve is the penalty method with the highest applicable rate,followed by immediate execution of death penalty.But some problems were found.For example,the specific application path within the death penalty circle is confused,and the variable influence degree is different.There are great differences in the subjective and objective influence of the actor and the extreme influence of the actor's personal danger.After the statutory and discretionaryclassification of sentencing circumstances,it is found that the statutory sentencing circumstances do not show their due influence in the results,and rarely figure in the influence ranking results of all kinds of sentencing results.But the discretion of sentencing circumstances in all kinds of judgment results,will occupy a greater influence of the important part of the order.This paper also makes statistics on the influence of civil conflicts such as marriage,family and neighborhood disputes.The results show that the proportion of crimes caused by civil conflicts is very high.But the proportion of the victim's fault is low.And the the proportion of crimes caused by civil conflicts influence the judgment unsteadily.Based on empirical results and relevant theoretical research,this paper holds that the death penalty circle should adopt a progressive application method,and the application sequence should follow the thinking path of "death penalty with reprieve death penalty with reprieve limited commutation immediate execution of death penalty"."The crime is extremely serious" should take the behavior objective aspect expression as the sentencing basis,"must carry out immediately" then takes the person personal danger as the sentencing basis.The application of statutory and discretionary circumstances of sentencing should be more standardized,and the level of law source should be raised appropriately.