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Abstract: |
It has attracted wide attention of society from the case of Yao Jiaxin recently, Yao Jiaxin have been executed, but the case involved in a certain number of problems of the criminal law of our country, and the problems should not be ignored when sentencing, such as the trial sentencing of the case whether conform to the Chinese system of criminal law of human rights protection in the legislation spirit in our country today, the adverse social environment and the lacking of the moral education bring Yao Jiaxin negative effects, the only-child whether be sentenced to capital punishment with caution, public opinion voice on judicial influence and so on, The paper try to analyze the above problems taking the case of Yao Jiaxin as the angle of view ,and explores the future judicial organs in sentencing criminal cases should be introduced into consideration, embody and implement the legislative spirit and function of the criminal law of our country.
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