Judicial Control Of The Death Penalty For Intentional Homicide

Intentional homicide has always been one of the most serious violent crime,and the death penalty is deprived of the right to life of the most severe penalty,from its beginning to fight crime is the most brutal and hard-and-fast role.Beka leah,proposed to abolish the death penalty,the death penalty abolition and retention of the death penalty between launched more than two hundred years of intense debate,the death penalty of more attention by the governments of the problem.Highlighted as the human rights protection consciousness gradually,the international criminal is becoming more and more gentle,limit the death penalty has become the development trend in today’s rule of law.Intentional homicide is the most commonly used crime in China’s judicial practice,and it is the first line of defense for abolishing the death penalty in China.Effective control of the death penalty for intentional homicide will have a positive effect on China’s restrictions on the application of death penalty.There are three main ways to control the death penalty in China: criminal policy control,death penalty legislation control and death penalty judicial control.In the case of intentional homicide,it is the best way to limit the application of the death penalty through judicial control,and the most direct and obvious effect.It is the focus of this article that specific judicial control method is used to restrict the application of death penalty for murder.Articles on the entity approach based on the analysis of intentional homicide case is the legal punishment of the plot(including crime subject is surrendered or pregnant women,minors,merits,an accessory,frankly,etc.)an accomplice,duress and discretionary punishment plot(the victim fault,active compensation for economic losses,obtains understanding,anger,etc.)to kill the victim party respectively to the influence of the death penalty,intentional killing cime in the criminal right view punishment plot to the control function of death penalty in the death penalty inaddition to the offenders are minors or absolutely out of the death penalty for pregnant women,other punishment plot requires evaluation into punishment and combined with the case situation,comprehensive analysis before deciding whether to apply the death penalty;The penalty for murder standard,our country criminal law the death penalty is only applicable to criminals who have committed extremely serious crimes,and “extremely serious crime” should not be separated from the specific charges to explore.In terms of murder a sin,from the subjective vicious,objective harmfulness of criminal,personal risk is analyzed from such three aspects,the extent of the criminal crime can be identified as "criminals who have committed extremely serious".Such as intentional homicide by the cruel methods such as mutilations,burn corpse after destroy the bodies,or in a public place in order to make the victim suffers extreme painful way to kill the victim,bad effects on the public order,etc.It is suggested that the reference for the determination of "extremely serious crimes" in the crime of intentional homicide shall be applied for practical reference.The application of the death penalty in intentional homicide can limit the discretion of the judge to control the death penalty.Due to the execution of the death penalty in China and the execution of the death penalty in two years,it is difficult to effectively control the death penalty in practice due to the lack of specific applicable standards.The application of death penalty will directly restrict the immediate execution of the death penalty,and the judicial control of the death penalty of intentional homicide will also play a role.Articles respectively from the social harmfulness of intentional homicide,personal risk,subjective vicious three aspects to an argument,set out the murder suspended system for preliminary design standards for practice reference:(1)murderer killed one person and has a lighter punishment plot at the same time,you can apply a two-year suspension of execution;(2)intentional killing causes one person to die,while having the combination of light or heavy circumstances,and the combination of the total amount of discretion,which is still a minor punishment,can be applied to the execution of the death penalty for two years.The judicial control of the death penalty of intentional homicide should also be strictly controlled from the procedural way.This article discusses the three aspects ofthe death penalty review procedure of intentional homicide,the proof standard of the death penalty of the strict intentional homicide,and the improvement of the defense system of the death penalty.First of all,through the analysis and identify murder in the death penalty review procedure to review specific content,including the review of intentional homicide case facts and evidence examination,procedure legitimacy examination and review of applicable law.Highest in intentional homicide in the death penalty review procedure,method of death penalty cases of intentional killing cime in the criminal law should set up a special review department commissioner,for the facts clearly,without controversy of death penalty cases with the method of trial combining interrogation of the parties in writing,in the case of complex and controversial when necessary,in the form of hearing death penalty cases.Procuratorial organs in the exercise of the supreme law of the death penalty review procedure should be set up corresponding supervision power special supervise department of supreme law of the death penalty review procedure,take the initiative to obtain the highest method to accept the death penalty review procedure of the case information,refer to the case of public prosecution cases,etc.,for complex and controversial a big case should be involved in the trial,to give full play to the supervisory function.The defendants in the case of death penalty are actively involved in the process of the death penalty review and fully expound their opinions.To fully participate in the process of the death penalty review process,to fully communicate and dialogue with the judicial organs,and to effectively carry out the defense activities is also the key link to control the application of the death penalty.Next,the article to our country now,analyzing the present situation and problems of the death penalty for intentional killing cime in the criminal law of combining previous intentional homicide misjudged cases,face the death penalty there is suspicion of intentional homicide cases,the judicial organs not strictly grasp the death penalty cases prove standard resulting in wrong case.According to the characteristics of the death penalty of intentional homicide,the standard of proof is higher than that of general criminal cases.Murder of death penalty cases provestandard should not only meet the criminal facts clear,evidence really fully,also should stand the test of "excessive suspicion" review attitude,handle the murder case well,so as to avoid the happening of the wrongs to maximize the control on the application of the death penalty.Murder capital cases effective defense system an important influence on murder the death penalty judicial control,the paper selected six murder to death from previous years misjudged cases in table form were analyzed,and points out that various problems in defence case,such as certain death penalty case,the defendant due to can not afford a high quality of the death penalty trial lawyer defense quality affected the death penalty case,certain death penalty case attorney failed to provide effective defense service,lawyer defense activities in practice is not effective to carry out.Finally,the paper proposes corresponding Suggestions on the above mentioned problems.In the murderer to death case should attach importance to the death penalty effective defense for the defendant’s rights,can first put forward by the death penalty case,the defendant to entrust lawyers,is coordinated by the court again,with full respect for the opinions of the parties to the arrangement of legal aid lawyers.As a defense lawyer in the case of death penalty,the lawyer should have stronger defense ability,rich defense experience and professional attitude,so as to carry out effective defense in the process of death penalty case.In addition,appropriate to expand defense lawyers in death penalty cases dealt with in the process of right content,such as meeting of unlimited power,consult the material evidence power,timely review of new evidence to be obtained by the judicial organs rights and so on.By improving the defense system of the death penalty case of intentional homicide,it can help to improve the overall level of the defense of the death penalty case,and truly realize the judicial control of the death penalty of intentional homicide.