Research On The Application Of The Death Penalty For Rape

The crime of rape is one of the most numerous crimes for which the death penalty is applied in criminal justice in our country.In the process of implementing the death penalty policy of "less and more careful killing",it is very important to strictly apply the standard of death penalty for rape.Due to the overly simple and provisions on the application of the death penalty for rape and the violation of the existing views of the synthetical doctrine of the criminal law in the process of adjudication,the standard of discretion in judicial practice is not unified,and some judgments of crimes and punishments are not compatible,so it is difficult to realize effective restrictions on the death penalty.Based on the data analysis of 63 rape cases sentenced to death found in the judicial case database of Peking University magic weapon,this paper summarizes the specific problems in the application of the death penalty for rape.Further through the interpretation of the relevant provisions of the criminal law and the detailed analysis of the application of the sentencing circumstances in the above-mentioned sentencing documents,the causes of the problems are found out,and the applicable standards of the death penalty for rape and the boundaries between the three methods of execution are clarified.Finally,some Suggestions are put forward to standardize the application of the sentencing circumstances in the judgment of the death penalty for rape.Apart from the abstract and introduction,the text is divided into three parts:The first part mainly explains the specific problems in the application of the death penalty for rape.First,the application boundary between rape capital punishment and non-capital punishment is fuzzy.Some cases with the same circumstances shall be sentenced to fixed-term imprisonment of more than 10 years,some to life imprisonment or even death;Second,the death penalty with a two-year reprieve is not unified.There are different evaluations of the same plot in different cases.In judicial practice,it is not uniform to determine whether the plot meets the standard of "not to be executed immediately".Third,there is no clear reason for the application of the restriction of reprieve of death sentence.There are few sentencing documents that explain the reasons for the application of the restriction of sentence commutation to criminals.It is impossible to know whether the crime is compatible with the punishment,and the result of the sentence has no basis.The second part mainly explains the causes of the lack of uniform standards in the application of death penalty for rape.First,the general provisions of the criminal law on the application of the death penalty is too abstract;Second,the statutory punishment range of rape in the special provisions is too large,and there are too many cases of flexible sentencing such as "many people","bad situation" and "serious consequences".Third,the sentencing thoughts of the sentence reduction system with suspended death sentence are circuitous and repetitive,and each evaluation stage is often contradictory to each other and the crime plot is repeatedly evaluated.The third part puts forward some Suggestions on the standardization of the application of the death penalty for rape.The discretion of death penalty cannot be separated from the basis of the legitimacy of punishment,that is,the combination of responsibility punishment and prevention punishment.Therefore,the first half sentence of the first paragraph of article 48 of the criminal law should be the responsibility punishment rule applicable to death penalty,and the second half sentence and the second paragraph of article 50 of the criminal law should be the preventive punishment rule.On this basis,combined with the legislative provisions of the rape crime and the previous analysis,three Suggestions on the application of the death penalty for the rape crime are put forward.Secondly,in the case of multiple rapes,the number of victims is an important evaluation factor of the death penalty,but not the only one,which should be combined with other criminal situations,especially whether the object of the crime is an adult.Thirdly,the identification of the bad circumstances of rape should be strictly controlled.The general rape ACTS should not be identified as the bad circumstances and the punishment should be increased.In the identification process,comprehensive evaluation should be made on all aspects of the crime to guard against the abuse of the bad circumstances.