On Discretionary Circumstances Of Sentencing And Limited Application Of Death Penalty

With the carry out and implement of a series of criminal policy, such as the basiccriminal policy "tempering justice with mercy","keep the death penalty" policy, andthe "strict control and circumspect apply of death penalty" policy, a number of casesthat require the death penalty to carry out immediately could be commuted, and inthese cases Discretionary Circumstances of Sentencing (DCS) played an importantrole. The judicial office is increasing emphasis on the importance of discretionarycircumstances of Sentencing in restricting the death penalty. Therefore it is necessaryto make a further research and study of the DCS.In the part of introduction, first based on the reality that our country restrict andcontrol the death penalty and the worldwide trend of abolition of capital punishment, Iintroduced the background of thesis-choosing and the significance of this study in thispart. Second, on the basis of studying the relevant works in our country, I summarizedthe current domestic investigative status. Through my postgraduate study of therelevant law articles and research in the United States, Japan and South Korea, I alsosummed up the current situation of overseas research. Third, I demonstrate theresearch presented in this paper.In the part the overview of DCS, I introduced the concept of DCS. Otherwise,from the practice of death sentences and its related judicatory explanations I concludethe several types of DCS. Then, I pointed out two problems which are existed in thelegislation and usage of the current DCS policy.At last, I offered some advices which can perfect the policy of DCS in deathpenalty discretionary. First of all, establish the typical case of DCS in limitingapplication of Death Penalty as guidance system. I emphatically discussed severalcommon applications of DCS in the practice of death penalty limited.