A Study On The Application Of Death Penalty In Intentional Homicide

For the "death penalty" two words we already familiar, it is to deprive thecriminal’s life marked by way of punishment, is the death penalty is also fightingcrime and maintaining social order of one of the most severe penalty method.Throughout the world, there are a lot of countries have abolished the death penalty, inthe form of statute law and China as a big Oriental country still retain the deathpenalty, in the final analysis is restricted by some factors, such as: economic factor,political factor, cultural factor, so for these reasons, it is impossible to achieve the goalof abolishing the death penalty at this stage. Judicial practice often by apply deathpenalty to achieve the purpose of punishing crime, over time people slowly becomeaware of the death penalty has many disadvantages. On behalf of the national publicpower, therefore, legislature and judiciary by criminal policy to develop and userelated to limit applicable death penalty policy guidance and constraints.Intentional homicide in the infringement of citizens’ personal rights this chaptercrime as played a crucial role for the most serious crimes, is also one of the mostapplicable death penalty charges. Now the abolition of the death penalty punishmentand international background, the limit applicable death penalty is the most wise. Tolimit the penalty for murder, from the perspective of human rights is to protect thebasic human rights, the defendant the right to life; Considering from the perspectiveof the criminal policy of our country and meet the strict policy restricting the use ofthe death penalty; From the long-term goal for China finally realizes the abolition ofthe death penalty in an all-round way provides the basis of the theory and practice.But, our country criminal law about the death penalty and intentional killing cime inthe criminal law is set too simple, lead to the judge in the judicial practice difficult tograsp the sentencing standards, is not conducive to achieve the goal of death penaltyrestrictions apply.This article is divided into three parts of introduction, text and epilogue partabout the text, the author will be divided into three chapters, the main contents are asfollows: The first chapter is an overview of the main introduced the legislative status quoof intentional homicide, the present situation of the death penalty for murder andmurder the meaning of death penalty restrictions apply. The state of legislation in themurder of a indictment set is simple, legally prescribed punishment range is too largeand improper punishment configuration order; The present situation of the deathpenalty for murder part is introduced the influence factors of the judge, judge ispreferred for the death penalty, death penalty applied to judge too much immediateexecution and the sentencing of the judge to consider the public’s anger and socialpublic opinion too much; Murder is significant part includes limit applicable deathpenalty abolition of the death penalty in the last line of defense, is helpful to perfectthe legislation defects and intentional killing cime in the criminal cultivation, shapingpeople’s emotions.The second chapter limit applicable death penalty of intentional killing cime inthe criminal law is discussed on the basis of, mainly is the theoretical basis and policybasis. Theoretical basis including the humanitarian requirements, the impartiality ofthe penalty demands, the mitigation of punishment, punishment of profitabilityrequirements. Policy basis including tempering criminal policy and the policy of deathpenalty in our country.The third chapter is the intentional homicide, the essay discusses the measures ofdeath penalty restrictions apply. Mainly includes the Angle based on sentencing thelimitations and restrictions based on the working mechanism of Angle. Based on theperspective of sentencing limit mainly includes guiding public opinion, the victim’sfault and the victim’s understanding, indignation to kill; Based on the Angle ofworking mechanism mainly includes the judicial interpretation and case guidancesystem.