On The Application Of Death Penalty In Intentional Homicide Cases Caused By Civil Contradictions

Since the reform and opening up,remarkable achievements have been made in all aspects of the development of our society,and the social contradictions in the rapid development have become more and more obvious.As social conflicts intensify,crimes that violate citizens’ personal rights,such as intentional homicide,still exist,and a considerable part of them are triggered by civil conflicts.Such cases have their particularity and can be punished lightly according to the actual situation when sentencing.My country has made corresponding regulations for such crimes very early.For example,in 1999,the Supreme People’s Court issued the "Minutes of the National Criminal Trial Conference on Maintaining Rural Stability"(hereinafter referred to as the "Minutes"),which stipulated: "For marriage and family Intentional homicide caused by the intensification of civil conflicts,neighborhood disputes,etc.,the death penalty must be applied very carefully,and it should be different from other cases of intentional homicide that have occurred in society that seriously endanger public order.There are obvious faults in the victim and the intensification of the contradiction.If the defendant is directly responsible,or the defendant has statutory circumstances for a lighter punishment,the death penalty is generally not applicable to immediate execution."Intentional homicide cases caused by civil conflicts are different from other cases of intentional homicide,and the death penalty is generally not applicable to immediate execution.There is no precedent for the immediate execution of the death penalty in the typical cases issued by the Supreme People’s Court.Mainly because the perpetrators of such intentional homicide cases are relatively low in social harm,subjective malignancy,and personal danger,and will not bring panic and insecurity to the society.My country has always lacked a unified standard regarding the application of death penalty.The definition of "crime is extremely serious" and the definition of "not necessarily to be executed immediately" is controversial.Due to the lack of understanding of the application of death penalty,it is impossible to understand the original intent of the law.In the case of intentional homicide caused by civil contradictions,the definition and application of civil contradictions are controversial in practice,and there is no clear application standard for the coexistence of civil contradictions with other circumstances.There are also problems in determining the death penalty for certain sentencing circumstances.In short,the civil conflicts in the case of intentional homicide caused by civil conflicts are not exempt from death or blindly exclude the death penalty.Instead,it is necessary to comprehensively grasp the plot of the case in accordance with the spirit of the "Minutes" and other relevant documents,and according to the relevant characteristics of the case of intentional homicide caused by civil conflict Make judgments with important influencing factors,use the death penalty with caution,and accurately grasp the application of the death penalty.This article consists of three parts:The first chapter mainly introduces civil conflicts and the conditions of the death penalty for intentional homicide.Divided into two sections.The first section introduces the meaning of folk contradictions and the identification of folk contradictions,which must be comprehensively judged according to the nature and characteristics of folk contradictions.The second section is mainly about the applicable conditions of the death penalty for the crime of intentional homicide,how to understand "the crime is extremely serious",and how to determine the "not necessary to be executed immediately".Intentional homicide cases caused by civil contradictions should first meet the applicable conditions of the crime of intentional homicide,but due to the particularity of such cases,the death penalty should be used with caution in accordance with the "Minutes" and other relevant documents,and the application of the death penalty should be restricted.The second chapter mainly introduces the factors affecting the application of the death penalty in intentional homicide cases caused by civil conflicts.It mainly discusses from three aspects of crime motive,personal danger and the victim’s fault.Intentional homicides caused by civil conflicts can be mitigated because they meet the special prevention purpose of punishment.The three factors of criminal motive,personal danger and the victim’s fault all play an important role in the application of the death penalty and reflect the social harm of the perpetrator.Sexuality and subjective viciousness provide a theoretical basis for mitigating penalties.Understanding the influencing factors of intentional homicide cases caused by civil conflicts is conducive to accurately grasping the applicable standards of the death penalty.The third chapter focuses on the principles and rules applicable to the death penalty in intentional homicide cases caused by civil conflicts.This chapter is divided into two sections.The first section mainly analyzes the principles of the death penalty application in intentional homicide cases caused by civil conflicts.The application of the death penalty in such cases must conform to the basic principles of the criminal law,as well as the sentencing rules,as well as special rules when different sentencing scenarios coincide.The second section discusses the specific rules applicable to the death penalty in the crime of intentional homicide caused by civil contradictions,mainly from the three angles of civil contradictions,the degree of the victim’s fault,and the handling when the sentencing circumstances coincide.