Study On The Application Of Death Penalty For Intentional Homicide

Jia Jinglong’s intentional homicide case,which occurred in 2015,involves complex folk contradictions,which not only sharply reflects the problems existing in the application of the death penalty in China’s intentional homicide,but also brings new challenges and reflections to the death penalty system.Due to various reasons,the objective conditions for abolishing the death penalty are not available in our country at present.Therefore,how to regulate the application standard of the death penalty from the actual point of view has become an important issue to be solved in judicial practice.The murder case of Jia Jinglong,which caused a stir in the society,pushed the issue of the application of death penalty to the forefront again..After the case,the court’s final result immediately triggered the legal theory circle and the public’s strong doubt and discussion.Although the Supreme People’s Court finally approved the death sentence and jia Jinglong has been executed,the reflection and research on the application of death penalty caused by the legal issues behind this case are still on the way.This article combines the judgments of intentional homicide cases in judicial practice,adopts analysis of influencing factors and statistical analysis,and discusses and discusses several disputes arising from the application of death penalty in this case.The case was caused by the intensification of civil contradictions and Jia Jinglong was sentenced to a suspended execution of the death penalty and at the same time restricted the sentence.Finally,this paper summarizes some problems such as the ambiguous standard of application,the lack of clear legal basis for discretionary circumstances of sentencing and the lack of clear boundaries between the execution systems,and then puts forward standardization suggestions.This paper strives to make a useful exploration in ensuring the fairness and value balance of the death penalty,and provide a reference for the ongoing reform of the death penalty system and judicial practice.