The Limitation Of The Victim's Fault Is Applicable To The Death Penalty

With the development of social civilization,the death penalty,as the most severe means,will be reduced to its application.In recent years,China has adopted various methods to reduce the crime and application of the death penalty.However,the current criminal law on crime in the field of evaluation and the rules are still in crime people as center,in death penalty cases with the victim,the victim fault is an important sentencing plot affects the discretion of the death penalty cases.Due to its as discretionary sentencing plot,combined with the long influenced by the victim's family and the social public opinion,the judge when making specific discretion tend to be the victim fault this important plot is not consideration.But in death penalty cases,if the circumstances are aware that only a mile,probably because of right concerns the victim fault this plot suspended death sentences can be executed from the death penalty immediately changed to even commuted to life imprisonment.Under the circumstance of restricting the application of capital punishment,it is very important and valuable for the victim's fault to restrict the application of the death penalty,which has the value and significance to explore.Restrictions based on the victim's fault for the death penalty applies as the research object,from the pe rspective of the theory analysis and case study,the scholars at home and abroad on the basis of studying the impact on the victim's fault for sentencing,combined with actual situation of death penalty in our country a t present,some specific details of a case,the death penalty cases using the literature research,interdisciplin ary research method,case analysis and other research methods,is divided into five parts.The first part of in troduction to the research purpose and significance briefly in this paper,the derivation research point,analy sis the research status at home and abroad,it is concluded that previous studies of mature point and weak p oint,provide breakthrough point for the innovation of the paper.The second part is an overview of fault of t he victim,to define the victim fault,extracting fault is the main feature of the victim,the victim fault can be divided into three categories,for a specific analysis can be found below the victim fault restrictions on the death penalty for laying a theoretical basis.The third part introduces the influence of the victim's fault on th e restriction of capital punishment,which is based on the theoretical basis and the legal basis,which indicat es that the crime of victim's fault is applicable to the restriction of the death penalty.The fourth part introdu ces the types of cases that the victim's fault affects the application of the death penalty,and analyzes the spe cific performance of the death penalty of the victim in different cases through some typical cases.In the fift h part,according to the discussion of the first four parts,it is concluded that the different degree of victim's fault has different effect on the application of death penalty.After system research,this paper argues that th e victim fault restrictions on the death penalty for the general principle is according to the specific case of the ext ent of the fault and the victim was killed harm the relationship and interaction for discretion in order to reduce an d limit applicable death penalty,to illustrate the victim fault plot restrictions on the death penalty is of great signi ficance,is worth in the judicial practice in the circumstances for attention and application.