民间矛盾激化引发的故意杀人罪死刑控制研究

民间矛盾引发的故意杀人罪已经成为司法实务领域一种控制故意杀人罪死刑适用的主要案件类型。最高人民法院印发了《全国法院维护农村稳定刑事审判工作座谈会纪要》,该纪要对审理这类案件的规定较为概括,审判实践中产生了很多争议和问题。在审理这类案件时,应从犯罪的性质入手对民间矛盾的范围进行界定,以客观标准认定被害人的行为是否应当作为对被告人从轻处罚的量刑情节,运用宽严相济刑事政策解决间接故意杀人和故意伤害致人死亡的定罪问题,量刑时除了考虑罪刑相适应原则以外,还应考虑有利于刑罚目的的实现。

The Control of Intentional Homicide Penalty Triggered by Civil Conflicts

The intentional homicide penalty triggered by civil conflicts has become the main type of cases among the death penalties in judicial practice. The ＂Protocols of The Criminal Trials for Courts throughout the Country to Maintain Rural Stability,＂ issued by the Supreme People＇s Court, gives a summarized rule on hearing these cases. Hence, controversies and problems occur in the trail practice. In hearing such cases, the range of civil conflicts should be defined from the nature of the crime. Whether the behaviors of the victims should be counted as the lighter ＂punishment and circumstances of sentencing is based on objective criteria. The policy of punishment as well as leniency should be applied to solve the conviction problem - whether it is convicted as indirect intentional homicide or intentional injury leading to death. Measurement of penalty should not only consider the prin- ciple of suiting punishment to crime, but also the goal of penalty punishment.