Study On Sentencing Of Surrenders In Death Penalty Cases

The current criminal code of our country is based on the provisions of 1979 criminal law through continuous development and improvement,coupled with the continuous introduction of judicial interpretation,surrender system more detailed,although the surrender system has made more detailed provisions,but the current legislation and judicial interpretation does not define the application of surrender in death penalty cases and how judges should discretion,therefore,there is still a lack of operability in the specific application,so it is easy to appear the extreme situation of improper punishment,which brings the judicial practice how to lenient when applying the penalty to the surrender offender.On this basis,this paper explores how to accurately apply the "lenient punishment" of surrender to the death penalty and other sentencing cases,and clarifies the specific application of the circumstances of surrender,which can make the criminals get fair punishment and make the sentencing procedure more standardized.In recent years,the means of crime have changed in succession,and new problems have frequently been encountered in judicial practice.Because of the differences in understanding,the judicial organs in various places have different results in dealing with new problems.This obviously violates the principle of equality before the law and is not conducive to the construction of the rule of law order.Therefore,this paper takes Yang Guangyi rape case as an example,through the interpretation of the theoretical basis of lenient punishment of surrender and the legal provisions,to analyze the specific application of surrender in the death penalty.This has important theoretical significance and obvious practical value.The content of this paper is divided into the following four parts:The first part introduces the case from the point of view of the question.This part is mainly the case introduction of Yang Guangyi rape case,the result of the case judgment,but also summarizes the differences of opinion and dispute focus of the case,first determines that Yang Guangyi has the circumstances of surrender,and then leads to the circumstances and factors that should be paid attention to in the application of lenient punishment for criminals who may apply the death penalty.The second part is the analysis of the related problems applied in death penalty cases.From the point of view of lenient punishment and lenient punishment,this paper discusses the theoretical basis,legal provisions,specific application and five situations of lenient punishment.The third part mainly introduces the application of surrender in death penalty cases.The first is to analyze and summarize the problems existing in the application of surrender in summarize the problems existing in the application of surrender in death penalty cases.Finally,combined with the specific cases from four aspects of how to correctly grasp the application of surrender lenient punishment in judicial practice put forward suggestions.