The Research On Sentencing Circumstances Of Death Sentence With Reprieve For Intentional Homicide

Considering the current situation of China and the development of legal system in the world,it is of great significance to study the death penalty system.It is closely related to the modernization of the Chinese rule of law system and the development of social civilization.It is a major topic in China's current criminal law community.The in-depth research and improvement of the death penalty system is carried out to find out the most suitable response to the current situation of our country.Intentional homicide violates citizens' important personal rights related to life and plays an important role in the study of the death penalty.Affected by the values of “killing lives” in our culture,and the current state of development is complex,the abolition of the death penalty will be a gradual process.Therefore,Restrictions on death penalty for intentional homicide are becoming more and more important,the focus of current research should be on finding practical and effective measures to limit the application of the death penalty for intentional homicide.The system of death sentence with reprieve is a unique system of our country.The study of the application of death sentence with reprieve for intentional homicide has practical significance for the limitation of the death penalty,especially for intentional homicide.Thoroughly and systematically study the subject of the application of death sentence with reprieve for intentional homicide,and take the sentencing circumstances that affect the reprieve for intentional homicide as a breakthrough point,and limit the application of the death penalty by clarifying the applicable conditions of death sentence with reprieve and considering expanding the scope of death sentence with reprieve,which is of great significance to theoretical research and judicial practice.When study the circumstances of the application of death sentence with reprieve for intentional homicide,it focuses on the method of data analysis,introduces various plots in the death penalty case of intentional homicide,including the statutory and the discretionary circumstances of sentencing,and selects representative parts for detailed analysis to study the application of death sentence with reprieve for intentional homicide,study the deficiencies of it in judicial practice,and then explore measures to make up and make progress.Specifically,First,the article briefly introduces the emergence and development of death sentence with reprieve and its essence,and explores the reason of death sentence with reprieve for intentional homicide,among them,its reason is mainly demonstrated from the two aspects: the necessity of applying death sentence with reprieve and the significance of deathsentence with reprieve.Secondly,after demonstrating the reason of applying the death penalty system for intentional homicide,the research target is locked in First trial of the death penalty for intentional homicide sentenced by the Intermediate People's Court in a specific area for a period of time,a total of 156 cases were studied through data analysis.Analyze the main statutory and discretionary circumstances that affect death sentence with reprieve for intentional homicide.Among them,there are 3 types of statutory circumstances: recidivism,surrender and frankness;4 types of discretionary circumstances: criminal motivation,criminal consequences,victim's fault,and victim's understanding.Then,through further discussion and analysis,summarize the deficiencies and problems of these circumstances in the specific application of death sentence with reprieve,which mainly includes the following three points: First,there are different treatment methods when multiple sentencing plots are competing;second,the boundary between the immediate execution of intentional homicide and the suspended execution is blurred;and third,the classification of sentencing scenarios is not standardized.Finally put forward some views and perfect suggestions for these specific problems.Point out that the key points for improving the problem are three major points,including that clearly explain the application of multiple sentencing scenarios,issue guidelines for the application of death sentence with reprieve for intentional homicide,and correct classification of sentencing scenarios from the perspective of responsibility.The ultimate goal is to gradually improve the system of death sentence with reprieve in the context of the times when China does not have the conditions to abolish the death penalty,so as to expand the scope of death sentence with reprieve,make the public gradually adapt to the application of the death sentence with reprieve,and reduce the public's reliance on the immediate execution of the death penalty,thereby achieving the purpose of limiting and gradually abolishing the death penalty.The application of death sentence for intentional homicide plays an important role in the study of the death penalty system.In order to make a further research on the death penalty system,the research on the application of death sentence with reprieve for intentional homicide is necessary.