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The Reflection And Regulation Of The Imbalances Of Death Penalty

Posted on:2018-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:C W SunFull Text:PDF
GTID:2416330566460198Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The application of death penalty in judicial practice is not optimistic.Death penalty imbalance is outstanding.It is a desecration of the spirit of equality to the law.There are many researches on the reform of death penalty,the existence of death penalty and the application of death penalty,but few scholars or judicial practitioners have studied the problem of death penalty imbalance.the imbalance of capital punishment must be discussed.This paper adopts empirical research method,and various parties collect death penalty documents in order to ensure the quantity and quality of the research institute.It also makes database,analysis information on all aspects of death penalty application.The paper is divided into three parts in structure,the first part uses empirical research methods to reveal the status quo of the death penalty applies imbalances from time and space.Then find out the reasons that causes the imbalance,the standard of death penalty in legislation is vague,and there are many defects in the sentencing procedure,at the same time,the Supreme Court’s death penalty control is not enough so that interference of legal external factors aggravates the degree of imbalance.The criteria for the application of the death penalty should be clarified;perfecting the death penalty procedure;strengthen the death penalty control of the Supreme Court.
Keywords/Search Tags:death penalty, death penalty application, unbalance, sentencing, discretion
PDF Full Text Request
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