Empirical Study Of Civil Judgment In The Application Of Death Penalty

Civil compensation has become the main battlefield for the "fatal game" between the defendant and the victim.Civil compensation as a discretionary circumstances of sentencing affects the application of the death penalty,but the court,the victim and the defendant face certain risks: it brings actual compensation to the victim and complies with the judicial control of the death penalty,but there is no rule for the civil compensation.The compensation initiative is held in the hands of the accused.The defendant “cannot afford” and the court “turns a blind eye”,causing the victim to “secondary victimization”.The court “aggravate penalty” and violates the principle of adapting crimes and punishments;excessive restrictions affect the weight may make the defendant defiant pessimism,without restriction and easily being misunderstood as “losing money to buy life”,and easily shake the judicial credibility,so it is necessary to standardize the influence of civil compensation in cases of death penalty.Through empirical analysis,it is found that the current civil compensation for death penalty cases in China is garbled: the defendant’s ability to compensate is regarded as the basis for award,the inter-provincial difference between civil judgments is very large,and the influence of civil compensation on the application of the death penalty is in danger of generalization.The party’s attitude is not taken seriously,and the defendant’s access to the “victim understanding” has become the most effective means to “escape from the dead”.All of the above point to the lack of the state compensation system.To standardize the issue of civil compensation in the application of the death penalty,it is necessary to set up the compensation system for the victim as soon as possible,take the victim’s appeal seriously,optimize the civil compensation plan,and reasonably limit the impact of civil compensation on the application of the death penalty,protect the legitimate rights and interests of the victim,and eliminate the people’s hostile attitudes to justice,strengthen judicial public faith force.