On The Correct Application Of The System Of Death

This paper is a study of the suspended death sentence system of master thesis. Reprieve is a penalty system created by china. This paper first describes the origin, concept and nature of system of death sentence with a reprieve. Reprieve system produced by our ancient feudal Confucianism cautious punishment of ideas, and in Ming and Qing Dynasties in China and a Jianhou system has certain context similarity; during the movement to suppress counter revolutionaries. Slow system directly produced in China after liberation to a lot of limiting the application of death penalty, to disintegrate the enemy, to maintain political stability; premise reprieve system is the application of the death penalty, reprieve is essentially a way of execution of death penalty, similar to the concept of probation, are setting a test period, see how one behaves in the future system of punishment. Then, according to the relevant provisions of China’s current system of death sentence with a reprieve and institutional change, pointed out the three conditions for correct application of suspended death sentence system should have:extremely serious crime, should be sentenced to death and not to execute immediately and focuses on the three conditions of the understanding and application of interpretation:the most serious crimes as the death penalty conviction conditions, specifically refers to the behavior constitutes a maximum statutory penalty for death penalty crimes, should be combined with the specific provisions of the criminal law provides for the maximum penalty of death penalty charges to be judged; nature, function and quantity should be sentenced to death depends on the case of sentencing, sentencing there are no and clout decides on whether the criminals should be sentenced to death, not to execute immediately is the premise of the criminals in the most serious crime sand should be sentenced to death, with a lighter punishment situation, the lighter punishment and should be sentenced to death heavier punishment coexist, but in influence is weaker than the heavier punishment. Based on the foregoing, the application condition of suspended death sentence for Liu Zhijun angle, three cases of in-depth analysis, pointed out the punishment basis, to further strengthen the three conditions suitable for the reprieve of perceptual knowledge. Finally, this article attempts from the criminal legislation, justice and procedural point of view, put forward about the system of death sentence with a reprieve correctly apply the suggestions of improvement, including reduced sentence applicable scope, perfect sentence commuted conditions provided judicial legislation, to strengthen the understanding and grasp of the application condition of suspended death sentence deeply, in order to effectively to the regulation of freedom discretion, and program that reprieve is temporarily not as all death penalty cases pre procedure and other related problems. The author hopes that through the legal analysis of application, for the system of death sentence with a reprieve accurately and to expand the application to provide a theoretical reference.