The Negative Standards On The Death Penalty For The Intentional Homicide

The dispute of retaining or abolishing about the death penalty has continued to this day form the 18th century, but now, more and more countries had abolished, the death penalty. The death penalty in China has a long history of evolution, abolishing the death penalty system in China is immature under the terms of the current situation. First of all, "killer death" as a traditional values deeply rooted among the masses, the ideology of most people can not accept the abolition of the death penalty; Secondly, under China's current economic and social system, economic development rapid, the old system can not adapt to the new situation, but the new system has not been formed, all kinds of contradictions unexpected happened, the conflicts between the victims and offender become seriously, the death penalty as a punitive measures, which is other penal measures can not be replaced. Retain the death penalty under the premise of strictly controlling the death penalty is China's current criminal policy.Intentional homicide is illegal intentionally depriving others'life. As a serious violent crime, intentional homicide is a major criminal. China's law about the requirement of sentencing about the intentional homicide:impose the death penalty, life imprisonment or 10 years imprisonment; less serious, impose 3 to 10 years imprisonment. Intentional homicide, if there is no statutory mitigating or mitigating circum, the general response to offender is sentenced to death. But in the current penal policy, at what circumstances we should preclude the application of the death penalty, and how we keep the balance of the penalty for intentional homicide and preclude the death penalty, it is the a major challenge in current judicial practice.The mitigation, extenuating circumstances are expressly provided by law are:the limited criminal responsibility person, the person who surrendered themselves and the circumstances of self-defense. In addition to several statutory circumstances, the Supreme People's Court pointed out in " The Summary of the Forum National Court to maintain stability in rural areas of criminal trial work," on October 27,1999:" because of intentional homicide crime which is happened about marriage and family, neighborhood disputes and some civil conflict, we should apply the death penalty very carefully, it should be different of other social security intentional homicide crimes which are serious harm in the community and the victims of one significant fault or has responsible for this thing, or the defendant has the statutory mitigating punishment, it should not be sentenced to death by immediate execution. " Thus intentional homicide caused by the marriage and family, neighborhood disputes, victims have the apparent fault or have the direct responsibility of the intensification of conflicts, we exclude the death penalty. In judicial practice, gets the victims'understanding or evidence has defects, in this circumstances, the defendant has be excluded the death penalty.Discretionary plot is the judge decided use it or not by the circumstances of the case, the discretion of the judge has the great room in the case, because of the different subjective opinions, it maybe lead to the different results, and some contradictions, in order to prevent this result, we should put the practice to be statutory.This paper uses analytical and comparison method, and combined with typical case in the judicial practice, analyzing in what circumstances the offender can be excluded intentional homicide for the death penalty, it is the negative standards on the death penalty for the intentional homicide, I proposed that we should become discretion plot and the other excluded applicable to the circumstances of the death penalty in judicial practice to be statutory.