Research On Judicial Control Path Of Death Penalty For Intentional Murder

The death penalty from the beginning of its most severe punishment,in order to give full play to its role in fighting crime and crime prevention,the application of the death penalty must be strictly controlled.In order to make the application of the death penalty reasonable and appropriate in judicial practice,the legislature and judicial organs of our country should use criminal policy to guide the judicial practice of the death penalty in our country,and at the same time,they have promulgated corresponding laws and regulations to restrain the application of the death penalty.The current criminal policy of "lenientand" and "retaining the death penalty,strictly controlling and using the death penalty carefully" have certainly played a positive role in the application of the restriction severity of the death penalty in China,but the relevant legal provisions,such as the death penalty and intentional homicide,are not perfect.Therefore,it is necessary to further sort out the problem and find out the way to solve the problem in order to make reasonable application of the death penalty for intentional homicide at the judicial level.The provisions of the death penalty in Article 48 of the People's Republic of China and the Criminal Law of the People's Republic of China are more general and semantically vague,and the availability of specific crimes in judicial practice is not high,which not only affects the control of the application of the death penalty,but also affects the credibility of our country's judicial.As the crime of applying the death penalty most in our country,the crime of intentional homicide has not been clearly defined in legislation,which undoubtedly brings difficult problems to the judicial practice of the application of the death penalty in our country.On the other hand,the legislative provisions for the application of the crime and the death penalty are more general,the application of the standard between the death penalty and the execution of the death penalty suspended is not clear,the sentencing range is more giving the judge greater discretion,but also because the current public opinion in China's intentional homicide crime case has a greater influence,so in judicial practice,the application rate of the immediate execution of the death penalty is higher,Therefore,the effect of the application of judicial control of the death penalty in our country is not ideal.In order to effectively control the application of the death penalty for intentional homicide,it is necessary to analyze the current judicial status quo of the application of the death penalty in our country under the guidance of our country's criminal policy of "lenient and strict",and the author analyzes,collates and compares the cases of the application of the death penalty in cases of intentional homicide on the Internet by collecting the judicial documents.It is summarized that the application of the death penalty lacks uniform standards and norms in judicial practice.In order to carry out our country's "retention of the death penalty,strict control,careful use of the death penalty" of the death penalty policy,make up for China's current application of the death penalty for intentional homicide legislation defects,for judicial practice to provide useful guidance and countermeasures,the author believes that the application of the death penalty in China should be a corresponding improvement of the problem.First,from the legislative perfection,to further clarify the standard of application of the death penalty for intentional homicide,secondly,the application of discretionary sentencing circumstances should be more clear from the civil contradictions and victim's fault two aspects of consideration,third,actively guide the impact of public opinion on the death penalty,and fourth,enhance the accommodation of the judiciary,as far as possible to achieve the same sentence,to maintain the credibility of the judiciary.