Research On The Application Of The Death Suspension Restriction And Commutative System

The study on the application of the death penalty reduction system is mainly to clarify the issues of “extremely serious crimes” in the premise of the application of the death penalty restriction system,“not necessary to implement immediately”,connotation,how to identify,etc.,and to study the application of the system.Conditions,that is,“criminal circumstances,personal dangers,etc.” are unclear,vague,general,and abstract,designed to help judicial practitioners apply the system more accurately,and to identify the types of objects in the applicable conditions and The connotation of the type."The crime is extremely serious" is a comprehensive judgment based on subjective and objective factors.The subjective factor is direct intentional crime,and the criminal motive is extremely bad.and the attitude before and after the crime is firm.The objective aspect is that the behavior of the perpetrator is extremely cruel and the consequences are extremely harmful.serious."No need to implement immediately." It is also judged by the method of subjective and objective unity.The subjective aspect has surrender,meritorious service,confession,repentance,Give positive compensation to the victim's loss,good personality of the offender,and relatively minor objective consequences.The means is not extremely cruel,it is an accomplice in joint crime.Any of the above-mentioned subjective and objective factors may not be "executed immediately"."Criminal circumstances,personal dangers,etc." It is a specific condition for applying the death penalty restriction system.It is necessary to combine the objective factors with the subjective elements.The objective factors are that the crime is extremely harsh and the social harm is extremely serious.The main factor is an alright drop.Make meritorious deeds,plead guilty,repent,and actively compensate the victims for their losses.Of course,these analyses are reviewed on the premise that the offender is sentenced to death.There are three main categories of applications for death penalty reduction: the first category is the recidivism that is sentenced to the execution of the death penalty.The recidivism here does not distinguish the criminal nature of the crimes before and after,as long as the death penalty is restricted,the possibility of commutation is limited.The second category is the cause.Seven criminal violent crimes that are intentionally murdered,kidnapped,looted,exploded,placed dangerous substances,and placed on fire are sentenced to specific offences,namely,Intentional murder,abduction,robbers,explosion Criminals who have been sentenced to death for crimes of sin and arson for dangerous substances;the third category is criminals who have been sentenced to death by organized violent crimes.Organized violent crimes here should be understood as "ordinary violence + organized,such as criminals who are intentionally injured + and organized and sentenced to death.