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On the death penalty for intentional homicide

Author: YangFei
Tutor: WangYang
School: China University of Political Science
Course: Legal
Keywords: Intentional homicide Death Penalty Sentencing
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 171
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Abstract

China's criminal law has been the death penalty as the maximum penalty for manslaughter , which is subject to the ancient \But with the gradual change in the concept of punishment , judicial becoming civilized , and our intentional homicide death penalty is still applicable maximum charges , our criminal law scholars on the death penalty for intentional homicide must be limited . However, due to our country 's legislation intentional homicide is not complete , coupled with deficiencies in judicial practice , making the death penalty applicable control there was a certain degree of difficulty. Thus , the author studied abroad on manslaughter legislation and analysis of China's judicial practice the death penalty for intentional homicide case after that you can put to the provisions specified in the plot to plot as a sentencing criteria to modify legislative, judicial aspects to be improved at the same time to achieve the purpose of limiting the death penalty applies . This paper is divided into five parts. The first part describes the ancient , modern and new China was founded in 1979 in three phases of the Penal Code promulgated on legislative history of intentional homicide . Found that beginning from slavery , the death penalty on intentional homicide as the maximum penalty , still in use. In different dynasties , intentional homicide in the provisions are to varying degrees on the plot makes provisions . The second part describes the countries retain the death penalty for the crime of intentional homicide . This section mainly on the United States, Russia and Mongolia for the murder of legislation and judicial apply. For these three countries the provisions of intentional homicide , whether offense or sentencing provision was better than our meticulous, some advanced legislation our country can learn from. The third part of the combination of statistical data and some representative cases , trial practice in China is discussed intentional homicide death penalty applies . Into the case and applying the death penalty does not apply the death penalty two aspects . Appear on a common judicial practice of the plot as the applicable standard or the death penalty does not apply to the course of study can be found in having recidivism , several crimes , resulting in two or more cases of death of the victim and other circumstances generally applicable to death immediately ; and if it is caused by the murder of civil conflict , or after the crime to take initiative to compensate and get the victims or their families to forgive , if have other aggravating circumstances , generally do not apply the death penalty immediately , and apply the death penalty suspended for two years ; NA talked about the death penalty , crime or trial defendant has some statutory circumstances can not apply the death penalty and homicide with indignation , surrendered or meritorious service, fault and other victims there are plot generally does not apply the death penalty . The fourth part discusses the intentional homicide in the application of the death penalty in the process of problem is divided into two aspects of legislative and judicial . Legislation first studied the death penalty for intentional homicide apply the relevant provisions of legislation have found guilt brief summary , a large range of legal punishment and punishment to sequence the entire criminal justice system does not match with the shortcomings . Judicial fact-finding in the main analysis , the collection of evidence and admissible deficiencies, as well as application of the law judges tend to apply the death penalty , discretion bigger shortcomings eventually led to two different contractors and unjust false co- the occurrence of miscarriage . The fifth part is the author through the application of death penalty for intentional homicide in the problems , propose how to improve the legislative and judicial recommendations . Legislation , proposed to amend section 232 to change the order of legal punishment , and the plot as a standard to make sentencing for manslaughter provisions ; justice , proposed to increase the penalty for intentional homicide proof standards, reduce lighter mitigating circumstances that standard, in order to the death penalty for intentional homicide limit applies played the role .

On the death penalty for intentional homicide

Abstract

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