Empirical Study On The Death Case Of Y City

This paper takes the judgment of death sentence with reprieve concluded in the last five years of Y municipal intermediate people's court as the sample for empirical research.The reason for the high frequency and low adoption rates of defense opinions on the qualitative aspect of the case is the different perspectives and relatively conservative judicial environment of the litigants.The solution is to adhere to the analysis path from objective results to subjective consciousness.There are many factors that affect the sentencing of death penalty cases.It is not appropriate to simply distinguish the weight of statutory sentencing circumstances and discretionary sentencing circumstances in influencing sentencing.The role of discretionary sentencing circumstances in limiting the application of death penalty cannot be ignored either.It is primarily the crime itself that decides which types of reprieve apply.In principle,the immediate execution of death penalty should not be applied to cases where the overall force of lenient sentencing elements is greater than that of severe sentencing elements.It is necessary and feasible to replace the immediate execution of death penalty with a reprieve.To restrict the application of the immediate execution of death penalty,we should increase judicial assistance.In addition,in the sentencing of major criminal cases,we should gradually abandon the interference of public opinion,letters and visits and other factors.