On Restricting The Application Of Death Penalty To The Victim’s Fault

With the development of the society,death penalty cases have gradually presented the characteristics of complexity and diversity.In practice the victim fault limit applicable death penalty cases increasing,the victim’s fault that standard is not standard,the victim fault is often difficult to collect evidence,and other circumstances for competition there is a big problem to be solved,such as random in this background,this paper studies the role of the victim fault in limit applicable death penalty is of great significance.Domestic and foreign scholars on the limitation of the victim fault theoretical criterions for the conviction of the relatively comprehensive and profound analysis,based on this principle,this paper based on the academic research,through the analysis of a large number of death penalty cases,collect the courts excellent experience,to limit the death penalty cases in order to realize to the victim fault type,a systematic and deep analysis in the absence of the victim fault standards,evidence is difficult,finalized logic more difficult cases,better handle the problem such as the cognizance of the victim’s fault.Specifically,through the case analysis summed up the characteristics and regularity of the victim fault limit death penalty cases found that the difficulties are mainly concentrated in the victim fault standards is not standard,the victim fault is often difficult to collect evidence,and other circumstances for competition problem such as larger arbitrariness,practice again there is a personal the experience is limited,a judge reference case problems such as poor quality,so in order to deal with these problems,some Suggestions are put forward.Firstly,the author USES the model of quantitative analysis to standardize the identification standard of victim’s fault to assist the judge to make a clearer definition.Secondly,the evidence-based method is used to identify the facts of criminal cases,to form a new method to guide judicial practice with scientific theory and evidence,and to construct a new knowledge operation mechanism based on the evidence-based method.Thirdly,in the case that it is difficult to obtain evidence of the fault of the victim,the best evidence can be obtained by referring to the evidence-based method,and the character evidence of the victim can be used under special circumstances.Finally,this paper discusses how to limit the application of death penalty when the victim’s fault of different degrees concurs with other circumstances of sentencing,and provides some Suggestions for the application of specific cases.