关键词: 死刑, 死缓, 罪行极其严重, 罪大恶极, 人身危险性

Abstract:

In the academic circle，viewpoints differ widely about the applicable conditions of suspension of execution and
immediate execution of death penalty，and many fail to achieve perfection. The path of seeking applicable conditions of death
penalty with reprieve in the framework of current criminal law should adhere to different orders: extremely serious crimes are
the general condition of death penalty application and the degrees of dangerousness of offenders are the boundary to distinguish
immediate execution and suspension execution of death penalty. When dealing with extremely serious crimes the principle of
behavior criminal law should be followed and the general conditions of death penalty should be defined on the basis of objective
harm. The degrees of personal dangerousness should be considered on the basis of subjective circumstances and follow the
principle of behavior person criminal law. The substantive standards of death penalty with reprieve should be implemented by
the assessment of degrees of dangerousness of offenders and in accordance to judicial interpretation or guiding cases promulgated
by the Supreme Court.

Key words: death penalty；death penalty with reprieve；extremely serious crimes；commit the most heinous crimes, personal
dangerousness