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Empirical Research on Standard of Death with a Suspension of Execution

Author: LuWei
Tutor: ZhengWei
School: East China University of Political Science
Course: Criminal Law
Keywords: Reprieve Death penalty Lighter punishment
CLC: D924.13
Type: Master's thesis
Year: 2010
Downloads: 154
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Abstract


The author of the regime's concern reprieve from two cases: the former State Secretary for Food and Drug Administration Zheng Xiao Yu bribes 6.498 million yuan was sentenced to death immediately, while the former deputy secretary of Yunnan Province Li Jiating amount of bribes of up to 18.1 million, was sentenced to death with reprieve . I looked up the two second-instance verdict, found after comparing: Li Jiating huge amount of bribes, Zheng Xiaoyu, the relatively small amount of bribes; Li Jiating has meritorious legal lighter punishment, Zheng Xiaoyu does not have; Zheng Xiaoyu Li Jiating and have returned all the money to discretionary lighter punishment. Face Zheng Xiaoyu was sentenced to death immediately, Li Jiating results were sentenced to death with reprieve, I can not help the applicable standards reprieve had a strong interest. In the criminal law is not clear in the case, the judge applied the specific criteria reprieve What? Lighter punishment in the reprieve for the position and how the role? Discretionary lighter punishment, and the role of the statutory lighter punishment What is the difference? I will start with these questions on the status and standards applicable reprieve for shallow discussion. In order to write this paper, the author carried out a careful data collection and collation. I enter the Chinese academic journals Network, retrieved from January 1999 to January 2010 published between keywords like \About reprieve of two monographs, including Zhang is the new book \Reprieve for the proposition in a doctoral thesis, master's thesis 8. Academic institution for reprieve reprieve research focused on the history and nature of the concept and reprieve, reprieve features reprieve reprieve application and implementation as well as the Legislative Perfection. Although previous reprieve applicable standards in question made a lot of research achievements, I still have the ideas in the following aspects: First, the author uses empirical research methods. The author in France, Italy, China Peking Judicial Case Database (www.lawyee.net) to extract the death penalty (including reprieve) case 262, judgment document obtained by direct study firsthand. Second, the author of the article makes extensive use of statistical data, data comparison, charts and graphs illustrate other analytical methods to make more clear conclusions. Third, the author through analysis of the data, draw some new conclusions. 59.1% of the defendant as a result of discretionary lighter punishment has only been sentenced to death, 28% of the defendant because of extenuating circumstances only legally be sentenced to death, the visible and the statutory lighter punishment than discretionary lighter punishment for a greater impact on the reprieve. Full except guide implication, is divided into four parts: the first part briefly describes the origin of the system of reprieve, reprieve era values ??and standards do not explicitly apply the drawbacks. The second part of reprieve applicable standards studied theoretically. According to Article 48 of the Penal Code stipulates that criminals sentenced to death must have two conditions: \I first death through criminal law model combines the six legislative sentencing principles, concludes that \The third part of the main criteria for the reprieve for the empirical research. The first author of the research methods and samples are described. Second, the author describes a reprieve for the general situation, including the death sentence with reprieve in the proportion of reprieve in the criminal law applicable in each chapter criminal case, the court reprieve at different levels, different regions, different years of applicable conditions. Then the author of the referee judges instruments elaborated reprieve for statistical reasons, were analyzed the various statutory lighter punishment, discretionary lighter punishment, the seminar on the death penalty with immediate execution of the plot exclude reprieve discretion in the course of the status and role . Finally, the author against the death penalty cases are three main types of crime (violent crimes, drug crimes, corruption and bribery) continue to explore the factors that affect the reprieve applicable. The fourth part discusses the criminal policy, public opinion, leaving room for the mystery and the Supreme Court the right to recover the Death Penalty Reprieve for factors such as the possible impact.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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