Research On The Application Of Discretionary Sentencing Circumstances In The Crime Of Intentional Homicid

As one of the most serious violent crimes that infringe upon personal rights and democratic rights,the criminal Law of China provides severe penalty measures for intentional homicide.If the perpetrator commits intentional homicide,the punishment given priority is death penalty.If there are other circumstances of lighter or mitigated punishment,Before consideration is given to life imprisonment,10 years or more,or three years or less.At the same time,due to China’s criminal law on crimes of murder was relatively simple Settings in broader range of punishment,it is given at the discretion of the judge is larger,the judge at the trial of intentional homicide cases can be integrated with applicable statutory sentencing circumstances and in the case of discretionary sentencing circumstances to determine punishment on the defendant’s announcement,Due to the small number of statutory sentencing circumstances and the applicable standards have been stipulated in the general provisions of criminal law,the judge’s discretion is relatively small,so it will not be described here.Instead,discretionary sentencing plot,how to apply the concept of no provisions of the criminal law expressly provided otherwise,cause in the acknowledgment and apply discretionary sentencing plot at the discretion of the judge is larger and more test judges the overall legal literacy,in the process of apply more prone to discretionary sentencing plot as a whole or individual specific discretionary sentencing plot that fuzzy,applicable imbalances,Then lead to some serious misdemeanor light sentence,misdemeanor heavy sentence,the same case is different sentencing imbalance phenomenon.Especially in the murder trial if not value may affect the perpetrator sentencing discretion sentencing plot is bound to be against the spirit of the criminal law on the protection benefit and safeguard human rights,and long-standing sentencing imbalance can cause bad effect to the image of the court,and affects the judicial impartiality,makes the public doesn’t believe the impartiality of the law.In order to study the application of discretionary sentencing circumstances in intentional homicide,this paper takes G province as the research object,and the intentional homicide sentencing cases from 2016 to 2020 in G Province as the research sample.Based on traditional legal research and supported by empirical data,this paper hopes to study the above issues.In addition,this paper divides the discretionary sentencing circumstances into pre-crime,in-crime and post-crime according to different application stages.Through data sorting,it can be concluded that the discretionary sentencing circumstances have been widely applied in the trial of intentional homicide cases in G province.Civil conflict leads fault and the victim and the victim,defendants and their families and their family members understanding active compensation and other discretionary sentencing plot the applicable rate is higher,and criminal record record,means cruel,the victim has fault,the defendant confession attitude,the defendant to compensate for sentencing plot in the range of the problems existing in the,It can not be clearly seen how the above discretionary sentencing circumstances affect the sentencing of intentional homicide,and there are problems such as non-standard application of discretionary sentencing circumstances and sentencing imbalance.Therefore,this paper hopes to provide some perfect suggestions for the application of discretionary sentencing circumstances in the trial of intentional homicide in G Province through its own research.This paper is divided into four parts.The first part focuses on the concept of discretionary sentencing circumstances,the form of expression,classification made a simple introduction,the purpose is to clarify the concept of discretionary sentencing circumstances for the concrete analysis of the following solid foundation.Through the analysis can be concluded that although our country’s law to clear the specific provisions of discretionary sentencing plot,but within the scope of the principle of a legally prescribed punishment,also can reflect the offender discretionary sentencing plot crime of social harmfulness and actor’s personal danger,discretionary sentencing plot as well as statutory sentencing plot can affect the judgment of criminal action,And then affect the specific sentencing of criminals.The second part mainly introduces the characteristics of the courts at all levels in G province when applying the discretionary sentencing circumstances in the trial of intentional homicide cases,mainly including the characteristics of the overall application of the discretionary sentencing circumstances and the characteristics of the specific application of the discretionary sentencing circumstances.According to the data,it can be found that there are some problems in the application of discretionary sentencing circumstances,such as the criminal motive caused by intensified civil conflicts,the victim’s fault,the defendant’s criminal means,the defendant’s active compensation,the defendant’s understanding by the victim,and the defendant’s attitude of confession.The author intends to explore the problems existing in the specific application of discretionary sentencing circumstances in G province by studying these circumstances with high application frequency.The third part mainly introduces the discretionary sentencing plot murder case in G province specific problems and reasons existing in the trial applicable,sentencing imbalance problems,mainly embodied in the different convicted and sentenced to connection with the case of these two aspects,and the crime motive,record all its warts,the victim compensation and cruelty,sentencing plot in the concrete application of each problem,It is necessary to put forward specific solutions to this problem.The fourth part is to perfect the suggestion of the application of discretionary sentencing circumstances,we can make clear the legal status of discretionary sentencing circumstances,change the traditional concept of attaching importance to discretionary sentencing circumstances,and improve the problems in the application of specific discretionary sentencing circumstances.