Civil Disputes Affect The Application Of Death Penalty

The first-instance referee of the case of intentional homicide in civil disputes from 2013 to 2018 shows that the plot of civil disputes has an increasing influence on the application of the death penalty.The cautious use of the death penalty in such cases is conducive to the realization of social order,fairness and justice and the maximization of economic benefits.At the same time,the contemporary social transformation background,public security situation and the history of the application of penalties provide a strong basis for the cautious use of the death penalty.In 1999,the "Summary of the National Court for the Maintenance of Criminal Stabilization of Rural Stabilization" and the "Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Combining Leniency with Severity" clearly stipulated that the handling of civil disputes must be diiferent from other cases.The death penalty is used,but the specific application rules are not clear.Judicial practice still faces many problems such as the unclear scope of civil disputes,the inability to identify the fault of the victim,and the difficulty in grasping the applicable standards of the death penalty.Therefore,a set of rules for the application of the death penalty in civil dispute cases with guiding significance should be constructed,and the scope of application,the deternination of the fault of the victim,and the applicable standard of the death penalty should be clearly defined.Specifically,in criminal cases involving civil disputes,when the means are particularly cruel,the crime is extremely serious,and the consequences are extremely serious,when the three types of severe punishment and the light punishment are coexisting,the application of the death penalty is not ruled out;other categories are heavily penalized and In the case of a light punishment,the application of the death penalty shall be ruled out,and the death penalty shall be restricted and the comrmutation shall be restricted.In the case of a light punishment,the execution of the death penalty shall be excluded immediately and the death penalty shall be restricted and the application of the sentence shall be limited,life imprisonment or fixed-term imprisonment.On the basis of making full use of the empirical analysis method,through the analysis of the first-instance judgments of 160 intentional homicide cases involving civil disputes from 2013 to 2018,we can understand the impact of civil disputes on the application of the death penalty,and then extract the central issues,namely civil disputes.Why can it affect the application of the death penalty and how it should affect the application of the death penalty.Focusing on the value of criminal punishment,realistic factors and historical choices,this paper explores the particularity of civil disputes homicide cases and analyzes the legitimacy of civil disputes affecting the application of death penalty.Combined with the particularity of such cases,the review and design of the application of the penalty for the current civil disputes homicide cases is earried out,so as to construct a complete set of guiding rules for the death penalty in civil dispute cases.