Research On Sentencing Of Intentional Homicide Case Of Jia Jinglong

The crime of intentional homicide has been a serious violent crime since ancient times,because it is related to a person's life and death.With the pace of history,the life only has been the abolition of the death penalty calls flooded,although China still retains the death penalty,but the death penalty has been popular,the killer die has become the past.A murder case is sentenced to death immediately,or spare the life,sentenced to death with a reprieve,a comprehensive consideration of various factors to see this case.In 2016 the Jia Jinglong case is because the sentencing issues into people's vision,and with the first and second instance verdict have made gradually evolved into a social hot spot at the time,also caused an uproar in the theory of criminal law.In this case the sentencing controversy,some people think that this is not Jia Jinglong feel sorry,to death,and the other part of the people support the final judgment of the court,Jia Jinglong think the crime of death.In the long course of the debate,the Supreme People's court approved the death of Jia Jinglong,November 15,2016,Jia Jinglong was executed.This case has been settled,but the legal issues behind the sentencing of the case is still worth studying.In the case of sentencing disputes including Jia Jinglong,constitute a surrender;the victim He Jianhua is at fault;Jia Jinglong is anger type this case whether the death penalty for murder.In this paper,the four focus of controversy is discussed based on the sentencing,the author thinks that Jia Jinglong should not be executed,and the court puts forward some feasible suggestions in sentencing,as specified in the rules of the sentencing guidelines in anger type for the murder of discretionary circumstances of sentencing;according to the size of the fault type refinement of the victim's fault should be the fault of the victim in the criminal law;the provisions of part for statutory sentencing.This paper consists of four parts:The first part is an introduction,which includes two sections.The first chapter introduces the background and significance of this paper.In the first section is divided into two sections,respectively,a detailed introduction of the background and significance of this topic.The second section introduces the main content and innovation of this paper.In the second section,it is divided into two sections.The main contents of this paper and the main innovation pointsof this paper are introduced in detail.The second part is the introduction of the case of Jia Jinglong and the controversial focus of sentencing in this case.In the case of the introduction of the details of the case and the results of the trial of the three court.The Jia Jinglong case sentencing disputes including Jia Jinglong,constitute a surrender;Jia Jinglong constitute surrender;the victim He Jianhua is at fault;Jia Jinglong is anger type this case whether the death penalty for murder.The third part is the legal analysis of Jia Jinglong's sentencing controversy.First of all,the analysis of the general voluntary surrender and its legal consequences;in this case,whether Jia Jinglong's behavior can be identified as surrender,if not identified as the surrender of the impact of sentencing.Combined with Jia Jinglong's behavior after the incident,I think it can not be identified as surrender.Secondly,it studies the concept and characteristics of the victim's fault,and the influence of the victim's fault on the sentencing.In this case,whether the victim He Jianhua fault,if there is a fault on the defendant's sentencing of the influence of Jia Jinglong.I believe that the case of the victim He Jianhua fault,the court should be considered in the sentencing of Jia Jinglong.Again,the elements of murder anger,indignation homicide impact on sentencing,in this case Jinglong Jia constitute homicide.The author thinks that the anger,anger,Jia Jinglong does not constitute a homicide case.Finally,through the analysis of the concept of death penalty,the death penalty applicable standards;combined with the case of the defendant Jia Jinglong should be sentenced to death in accordance with the law,the author believes that Jia Jinglong is not guilty.The fourth part is the inspiration of Jia Jinglong's sentencing.First of all,according to the size of the fault type that the fault of the victim was refined in the judicial interpretation,and suggested that the fault of the victim in the criminal law provisions of part for law.Secondly,anger homicide on the sentencing,suggestions will be in the court's sentencing guidelines specified in anger homicide for discretionary sentencing circumstances.Sentencing circumstances.