Standard Application Of Discretionary Circumstances In Death Penalty Cases Of Intentional Homicide

As one of the most severe punishment measures,death penalty plays an irreplaceable role in maintaining social stability.In the judgment of death penalty for intentional homicide,the circumstances of sentencing is the only basis for deciding whether to impose the death penalty on the criminal.However,the application system of discretionary circumstances in judicial practice in China is not perfect,especially in death penalty cases of intentional homicide,the application of discretionary circumstances has not yet explored a standardized path,which will make the judge at a loss when applying discretionary circumstances.Therefore,this article on the basis of large data statistics to select three typical cases as the breakthrough point,in case of disputes are summarized and analysed,through case exposed problems to reflect on our country the murderer to death case the weakness of the discretionary circumstances apply,and then put forward targeted way to solve,in this paper,the structure is as follows:The first part is the introduction,mainly introduces the research background and significance of the topic,research content,domestic and foreign scholars on the death penalty of intentional killing research status and paper research methods.The second part is the case analysis.Based on the empirical analysis of the circumstances of discretionary punishment and the application of the death penalty for intentional homicide,three typical cases are selected to reproduce the case from the brief case,the focus of the dispute,the thinking of the court trial and the result of the judgment.The third part is legal analysis.Through the case analysis above,it summarizes the four circumstances of discretion and punishment caused by the victim’s fault,civil compensation,criminal means and civil contradiction intensification,and analyzes in detail the determination of the four circumstances of discretion and punishment,the basis of influencing the application of the death penalty for intentional homicide and the impact on the application of the death penalty for intentional homicide.The fourth part through the case analysis revealed the murderer to death case in our country at present problems of discretionary sentencing plot applicable,specific performance is discretionary sentencing plot criminal law status of the fuzzy and discretionary sentencing plot of ambiguity and sentencing plot to murder the influence degree of the death penalty do not have a unified standard and not enough attention on discretionary sentencing plot of the judge.In the fifth part,the author puts forward a practical and standardized path based on the problems existing in the application of the circumstances of punishment in the death penalty cases of intentional homicide in China.