关于死缓制度的正确适用——以刘志军受贿、滥用职权等案为视角.pdfVIP

institutional change, pointed out the three conditions for correct application of suspended death sentence system should have: extremely serious crime, should be sentenced to death and not to execute immediately and focuses on the three conditions of the understanding and application of interpretation: the most serious crimes as the death penalty conviction conditions, specifically refers to the behavior constitutes a maximum statutory penalty for death penalty crimes, should be combined with the specific provisions of the criminal law provides for the maximum penalty of death penalty charges to be judged; nature, function and quantity should be sentenced to death depends on the case of sentencing, sentencing there are no and clout decides on whether the criminals should be sentenced to death, not to execute immediately is the premise of the criminals in the most serious crime sand should be sentenced to death, with a lighter punishment situation, the lighter punishment and should be sentenced to death heavier punishment coexist, but in influence is weaker than the heavier punishment. Based on the foregoing, the application condition of suspended death sentence for Liu Zhijun angle, three cases of in-depth analysis, pointed out the punishment basis, to further strengthen the three conditions suitable for the reprieve of perceptual knowledge. Finally, this article attempts from the criminal legislation, justice and procedural point of view, put forward about the system of death sentence with a reprieve correctly apply the suggestions of improvement, including reduced sentence applicable scope, perfect sentence commuted conditions provided judicial legislation, to strengthen the understanding and grasp of the application condition of suspended death sentence deeply, in order to effectively to the regulation