Empirical Study On The Death Penalty Of Intentional Homicide

The crime of intentional homicide is the most applicable crime of death penalty.The abolition of the death penalty for intentional homicide is the most difficult barrier to overcome in our country's efforts to abolish the death penalty.The application of the death penalty for intentional homicide is related to China's judicial authority.It is of great significance to the judicial authorities to correctly determine the death penalty,strictly control the application of the death penalty,and deepen the reform of China's death penalty system.At present,the academic level of concern about the death penalty of intentional homicide is not commensurate with the status of intentional homicide in controlling the application of the death penalty.In the field of research on the death penalty,there is a lack of research on the application of the death penalty for intentional homicide.Through the combing of relevant laws and regulations on the death penalty for intentional homicide,it is found that the relevant provisions are more principled and generalized,and scattered in different legal documents,it is not easy to standardize the complex intentional murder in various situations.The application of the death penalty and the over-principle of sentencing regulations have also increased the difficulty of strictly controlling the application of the death penalty.With a large number of intentional homicide sentences,empirical research methods,through the statistics,analysis and case studies of the data,reveal the current status of the application of the death penalty for intentional homicide in China,and explore the relevant factors affecting the application of the death penalty for intentional homicide.The investigation found that the judiciary's grasp of the application of the applicable standards for the death penalty of intentional homicide is more and more strict in practice;the claim of the injured party to impose the death penalty on the death penalty has been extremely strong;the victim's understanding is applicable to the death penalty.The role is becoming more and more obvious;the death penalty for joint crimes is applicable,and there is a situation where the sentencing is biased.The factors that have a greater influence on the death penalty for intentional homicide include the seriousness of the consequences of the crime,the cruelty of the means of murder,the compensation for the understanding,the death penalty appeal of the injured party,and public opinion.According to the current situation of the death penalty for intentional homicide,combined with the analysis of the influencing factors,try to make recommendations on the application of the death penalty for the control of intentional homicide: unify the civil compensation standard in the same area to avoid excessive impact of civil compensation;establish a victim relief mechanism to clarify the victim The role of understanding;standardize the evaluation of joint crimes,strictly control the number of death sentences in cases;guide the rational function of public opinion,and improve the regulation of hidden factors.