The victim fault's extraction and definition which limit death penalty in intentional homicide case
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D924.12

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    Abstract:

    The Supreme People's Court's National Court Maintaining Rural Stability in Criminal Trial Work Symposium Summary and Several Opinions on Providing Judicial Safeguarding for Building a Harmonious Socialist Society both have rules about "if the victim party has obvious fault or has direct responsibility for the situation,and in cases caused by the fault of the victim party,generally death sentence with immediate execution should not be imposed or should be imposed cautiously",so that the victim fault plot could play an important death penalty restriction function in intentional homicide case. But how to define "obvious fault","direct responsibility",and "cause",relevant departments have not made detailed explanation,and in practice it is often solved by the discretion of the judges. In promoting the standardization of sentencing,following the idea of typification and summarizing the boundary of the victim fault have great judicial significance for the death penalty limitation function of the victim fault in intentional homicide case.

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初红漫.故意杀人案件死刑限制之被害人过错情节的提取与界定[J].重庆大学学报社会科学版,2018,24(5):163~172

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History
  • Received:
  • Revised:May 01,2018
  • Adopted:
  • Online: July 13,2018
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