Systematic interpretation of the applicable standard of death penalty of The Criminal Law:Deliberating with Professor Feng Jun
The correct mastery of"the standard for the application of death penalty"depends on the correct understanding of the following problems:"crime"of the extremely serious,"the extremely serious"among the extremely serious crimes,"crimes that must be executed immediately"and"crimes that shall not be executed immediately."And Professor Feng Jun's explanations of the above problems contradict the systematic explanation advocated by the doctrine of criminal law.Starting from the system interpretation,"crime"should only refer to the objective harm of the behavior,but should not include the subjective evil of the perpetrator;"The extremely serious"shall mean that a criminal act of a particularly serious nature has resulted in extremely serious results(consequences);"Crimes that must be executed immediately"should include two situations:first,the criminal's crime meets the basic standard of"the extremely serious",and there are heavier punishing circumstances,or the criminal's subjective malignancy is obviously serious;Second,the crime committed by the criminal has exceeded the basic standard of"the extremely serious",and there is no lenient punishment and sentencing circumstances,or the subjective malignancy of the criminal is not obviously light."Crimes that shall not be executed immediately"should include three situations:first,the crime committed by the criminal has just reached the basic standard of"the extremely serious";Second,the subjective malignancy of criminals is obviously light;Third,the criminal has the legal circumstances of statutory leniency or the legal circumstances of discretionary leniency in a specific range.
the standard for the application of death penaltysystematic interpretationdoctrine of criminal law
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