An Empirical Analysis Of The Factors Of "Freedom From Death" In Intentional Homicide Cases

Article 232 of the criminal law of the People's Republic of China defines "intentional killing",which defines the act of illegally and intentionally depriving another person of life as intentional killing.Such a crime violates the personal democratic rights of citizens and is a gross crime in the criminal law.In judicial practice,judicial organs will decide whether to carry out the death penalty according to the facts and the subjective motives of the criminal.In the crime of intentional homicide,there are two cases: single intentional homicide and joint intentional homicide.The latter is more complicated in the trial,which may lead to the death of one person and the death penalty of at least two people.Relationship between the behavior person the right to life,death sentences in judicial decisions must follow the "tempering justice with mercy","little kill,kill" the basic principles,especially in the common intentional homicide cases,the judicial organs need to adhere to the principle of fair and strict,and be clear of joint crime,the offender in the role,nature,status,to ensure that the death penalty of prudential and fairness.Starting from the current practical factors that affect the application of death penalty,and analyzing the trial results of cases from different perspectives,there are legal circumstances and discretionary circumstances in intentional homicide in China.The statutory circumstances are mainly from the fault of the victim,compensation for economic losses and understanding of the victim.The discretionary circumstances are mainly from the circumstances of surrender,the distinction between the principal and the accessory,Criminal responsibility ability,recidivist plot and attempted plot are analyzed.To study the factors of intentional homicide in our country,the application of the factors of "exemption from death" in intentional homicide mainly includes taking the harmful result as the important condition of death penalty,paying attention to the use of lenient circumstances,less strict circumstances,and taking the utilitarian orientation in the sentencing process.There are many reasons for the dilemma of the execution of the factors of "exemption from death" in intentional homicide cases in China,including the deep-rooted thought of "killing for life",the simple and general provisions of law application,the influence of external public opinion and judicialpersonal factors,and the improper application of some circumstances of sentencing,etc.Therefore,in the application of the factors of "exemption from death" in intentional homicide cases,we should first make clear the applicable standards of the factors of "exemption from death" and strengthen the basis of sentencing for judges;secondly,the mechanism of "subtraction" of variable penalty is the mechanism of "addition";thirdly,we should establish a strict system of circumstances with strict death penalty and lenient guidance;finally,we should attach importance to the guiding role of sentencing in criminal theory.