The Study Of Death Sentence With Reprieve

Death penalty reprieve (referred to death sentence), is one of the original penal systemin China. Establishment of this system is designed to allow some criminal which should besentenced to death, on conditions that in a particular case is not being executed. This system isalso fully adherence to the "width with leniency" of criminal policy. During the revision of thecriminal code in our country, as an important element of the implementation of the deathpenalty, how to perfect this system is much the attention of scholars, the revised Penal Codeof the48th,50th, and51st have made detailed of death sentences applicable conditions, legalconsequences, the period of death penalty reprieve execution, and the sentence commuted toimprisonment respectively. However, because there is a lack of this system, such as thestandards of death sentence are not clear, resulting in judicial practice without an effectivesolution to the problems.Dongguan, Guangdong “Ao coercive indecency women and thecrime of intentional homicide which happened in campus leads to a heated debate on thissystem because of the media coverage. Studying of this system has great theoreticalsignificance, but also has great practical value. This text commences the case, and discuss theapplication of death penalty reprieve, then make a conclusion that Ao should not be appliedthe death penalty reprieve. At last the article discusses the problem of this system in practiceand make some useful suggestions from legislation judicial.Based on case study thesis requirement, this part is divided into four main sections:Part one: basic information of the case. This part includes the cause of case, theinformation of the case, the differences of the case and the focus of the case. On November21,2011，during Ao coercive indecency the victim Liang, kills her intentional. According to caseproceedings disagreements exist, the focus of controversy overview of the case focused onwhether the circumstances of a case Ao "is not to be executed immediately".Part two: jurisprudential analysis on relevant issues of the case. This part is thetheoretical basics of article More specifically, firstly analysis the precondition “should besentenced to death”, and followed by analysis the substantive condition“does not have toimmediately implement”; finally analysis the distinguish of immediate execution of the deathpenalty with a suspension of execution.Part three: analysis and conclusion of this case. The party analyze of the selected cases identify certain Ao should be sentenced to death, but does not meet the case "not to beexecuted immediately", he should be sentenced to death immediately.Part four: the case study of revelation. Through the analysis of selected case studies,triggers the thinking about the problem of death sentence with reprieve, on legislative it canmake clearly applicable standards of reprieve, especially the "not to be executed immediately";on judicial it can build reprieve case guidance system.