A Study On The Application Of Discretionary Sentencing Circumstances In Intentional Homicide Cases ——An Empirical Analysis Based On 180 Criminal Judgments

Intentional homicide cases are a type of criminal cases that seriously infringe on the personal legal interests of others and often cause extremely significant social impacts.When the people’s courts conduct specific trials of such cases,they should not only follow the general direction of standardization of sentencing,but also adhere to the punishment.The idea of individualization.As a factor that can profoundly affect the final sentencing of criminals,discretionary circumstances of sentencing have an extremely wide range.It can be said that traces of discretionary circumstances can be found in every specific case.That is,in a case of intentional homicide,there may not be statutory sentencing circumstances,but the existence of discretionary sentencing circumstances must be beyond doubt.The applicable rules of statutory sentencing circumstances are statutory,and relatively more specific and specific;while discretionary sentencing circumstances are not clearly stipulated by law,so their application is arbitrary and subjective factors are heavier.This is also an important reason why the majority of the people believe that it will lead to different sentences in the same case.Therefore,the in-depth study of discretionary circumstances is self-evident for promoting justice in sentencing in cases of intentional homicide.After analyzing relevant cases,the author believes that in the process of trial of intentional homicide cases,there are more or less unreasonable deviations in sentencing results due to the complexity and non standardization of the application of discretionary sentencing circumstances.However,due to the lack of systematic research on discretionary sentencing circumstances in a certain kind of cases from the overall macro perspective,this topic will take the crime of intentional homicide as the starting point,refer to all kinds of literature and materials,and combine 180 actual cases randomly selected from the self judgment document network to analyze and discuss the application of discretionary quantitative sentencing circumstances.At the same time,through the control variable method,empirical analysis and other methods to analyze the related sentencing problems of different intentional homicide cases.This paper studies the application of discretionary sentencing circumstances in intentional homicide cases from the theoretical level,and puts forward some suggestions on how to standardize the discretionary sentencing in intentional homicide cases.The full text is divided into four main parts:The first part,this part mainly introduces the basic related theories,and briefly analyzes and sorts out the basic situation of discretionary sentencing in the crime of intentional homicide.The second part,this part mainly conducts empirical analysis,by retrieving the first-instance judgment documents of intentional homicide cases in the past five years,reading and sorting out the discretionary sentencing circumstances involved in the documents and the final sentencing results,making case comparisons,and analyzing the existing sentencing deviations Make relevant summaries and analyses.The third part mainly summarizes the influencing factors of discretionary sentencing circumstances in intentional homicide cases,analyzes and summarizes the reasons for the occurrence of sentencing deviations in different intentional homicide cases,and analyzes the comparison results of empirical cases in the second part.The fourth part,the last part is mainly to think about the solution to the existing problems.At the same time,based on the relevant practical experience at home and abroad,it analyzes from the aspects of improvement measures and sentencing procedures.The specific normative application of sentencing circumstances provides some reference.