死缓限制减刑司法适用研究
发布时间：2019-06-22 18:53
【摘要】：死缓限制减刑是指人民法院根据犯罪情节、人身危险性等情况，对被判处死刑缓期执行的累犯以及因故意杀人、强奸、抢劫、绑架、放火、爆炸、投放危险物质或者有组织的暴力性犯罪被判处死刑缓期执行的犯罪分子，在作出裁判的同时决定对其限制减刑。《中华人民共和国刑法修正案（八）》及最高人民法院《关于死刑缓期执行限制减刑案件审理程序若干问题的规定》规定了死缓限制减刑司法适用的前提，宽严相济刑事政策和死刑政策是死缓限制减刑适用的政策根据，犯罪分子的人身危险性是适用死缓限制减刑的实质条件。死缓限制减刑自2011年5月实施至今，各地法院陆陆续续地作出了限制减刑的判决，通过对这些死缓限制减刑案例的研究，对于进一步完善死缓限制减刑的司法适用具有重要意义。通过分析死缓限制减刑适用的罪名、累犯的组合类型、判死缓的理由、适用死缓限制减刑适用的实质条件、死缓限制减刑的溯及力等发现，死缓限制减刑在司法适用中存在诸多问题。例如，罪名的适用不当，适用标准上存在较大的差异，限制减刑被过度适用。导致死缓限制减刑司法适用出现这些问题的原因是，，死缓限制减刑适用的范围较窄，限制减刑适用的实质条件过于笼统，法官的自由裁量权过大。为解决死缓限制减刑司法适用不当的问题，应当通过立法的形式适当扩大死缓限制减刑的适用范围，通过司法解释将模糊规定具体化，通过发布指导性案例细化死缓限制减刑适用的条件，增加控诉机关对死缓限制减刑的建议等对策来予以防范。
[Abstract]:Suspension of death limit and reduction of sentence refers to recidivism who has been suspended from execution by the people's court according to the circumstances of the crime and personal dangerousness, as well as those criminals who have been sentenced to suspended execution for wilful rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent crimes, and the suspension of the death penalty for crimes committed by the people's court on the basis of intentional rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent crimes. At the same time of making a decision, it is decided to limit the reduction of sentence. < Amendment to the Criminal Law of the people's Republic of China (8) > and the provisions of the Supreme people's Court on the suspension of the death penalty and the limitation of the trial procedure of the case, stipulate the premise of the judicial application of the suspension of death restriction on the reduction of sentence, and the criminal policy of combining leniency with the death penalty policy is the policy basis for the application of the suspension of restrictions on the reduction of sentence, The personal dangerousness of criminals is the essential condition for the application of suspension of death to limit the reduction of sentence. Since the suspension of death sentence was implemented in May 2011, local courts have continuously handed down sentences restricting the reduction of sentence. Through the study of these cases, it is of great significance to further improve the judicial application of the limitation of suspension of death sentence. Through the analysis of the charges applicable to the limitation of suspension of death, the types of recidivism, the reasons for suspending the sentence, the substantive conditions for the application of suspension of death and the retroactive effect of the limitation of remission, it is found that there are many problems in the judicial application of the limitation of suspension of death. For example, the application of charges is improper, there are great differences in the applicable standards, and the limitation of commutation is excessive. The reasons for these problems are that the scope of application of suspended penalty is narrow, the substantive conditions of limiting the application of commutation are too general, and the discretion of judges is too large. In order to solve the problem of improper judicial application of the limitation of suspension of death, we should appropriately expand the scope of application of the restriction of suspension of death through legislation, concrete the vague provisions through judicial interpretation, refine the conditions for the application of the limitation of suspension of death through the issuance of guiding cases, and increase the suggestions of the prosecution organ on the limitation of reduction of sentence.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924
本文编号：2504870
[Abstract]:Suspension of death limit and reduction of sentence refers to recidivism who has been suspended from execution by the people's court according to the circumstances of the crime and personal dangerousness, as well as those criminals who have been sentenced to suspended execution for wilful rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent crimes, and the suspension of the death penalty for crimes committed by the people's court on the basis of intentional rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent crimes. At the same time of making a decision, it is decided to limit the reduction of sentence. < Amendment to the Criminal Law of the people's Republic of China (8) > and the provisions of the Supreme people's Court on the suspension of the death penalty and the limitation of the trial procedure of the case, stipulate the premise of the judicial application of the suspension of death restriction on the reduction of sentence, and the criminal policy of combining leniency with the death penalty policy is the policy basis for the application of the suspension of restrictions on the reduction of sentence, The personal dangerousness of criminals is the essential condition for the application of suspension of death to limit the reduction of sentence. Since the suspension of death sentence was implemented in May 2011, local courts have continuously handed down sentences restricting the reduction of sentence. Through the study of these cases, it is of great significance to further improve the judicial application of the limitation of suspension of death sentence. Through the analysis of the charges applicable to the limitation of suspension of death, the types of recidivism, the reasons for suspending the sentence, the substantive conditions for the application of suspension of death and the retroactive effect of the limitation of remission, it is found that there are many problems in the judicial application of the limitation of suspension of death. For example, the application of charges is improper, there are great differences in the applicable standards, and the limitation of commutation is excessive. The reasons for these problems are that the scope of application of suspended penalty is narrow, the substantive conditions of limiting the application of commutation are too general, and the discretion of judges is too large. In order to solve the problem of improper judicial application of the limitation of suspension of death, we should appropriately expand the scope of application of the restriction of suspension of death through legislation, concrete the vague provisions through judicial interpretation, refine the conditions for the application of the limitation of suspension of death through the issuance of guiding cases, and increase the suggestions of the prosecution organ on the limitation of reduction of sentence.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924
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