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《Contemporary Legal Science》 2005-05
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Four-Dimensional Thoughts of the Conditions of Death Penalty with a Suspension of Execution

GAO Jing-hong, LIU Shu-de(The Supreme People's Court, Beijing, 100745)  
“The crime committed is extremely serious”and “the immediate execution of a criminal punishable by death is not deemed necessary” regulated in Article 48 of 1997 Criminal Law are two essential conditions for the application of two-year suspension of execution of death penalty set up by legislative officer. According to the legislative resource, there are changes in the settlement of the conditions of death penalty with two-year suspension of execution, from strict conditions to more flexible conditions, so that more space of judgment can be left to he judiciary in implementing the death penalty policy, especially the policy of insisting on less death penalty. According to the basis of policy, the policy of combing punishment with lenience, the death penalty policy and the policy of human rights protection provide the basis for the two-year suspension of execution of death penalty. According to regulating the definition, we should understand “The crime committed is extremely serious” from two regards:degree of harm done to society(including objective harm and subjective danger) and personal danger degree of the criminal. We can find out from relevant materials, the application conditions of the death penalty with a suspension of execution are not unified. It is necessary and important for the Supreme People's Court to strengthen the unity of the application condition and standard.
【CateGory Index】: D924.1
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【References】
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1 CHEN Xu-ling (Institute of Economics, Law and Politics, ANU, Wuhu 241000, China);On the variation of sorts of punishment after sentenced to postpone capital punishment[J];Journal of Anhui Normal University(Philosophy & Social Sciences);2001-04
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1 Xie Wangyuan Wang Bo;On Improvement Of The Criminal Punishment System In The Criminal Law Amendment Act (The Eighth)[J];Law Science Magazine;2011-06
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