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【裁判要旨】被害方态度作为酌定量刑情节可以对死刑适用产生影响,被害人对死刑产生影响有其正当性、合理性以及价值性。死刑案件的附带民事诉讼审理实践中,被害方谅解的态度对死刑的限制适用具有独立性,被害方要求严惩的态度对死刑适用的影响具有依附性。被害人亲属在接受赔偿、对被告人予以谅解出现意见分歧时,应以各被害人亲属按照法律规定应判赔的扶养费数额的大小作为最后确定被害方是否谅解的依据。
The purpose of the referee The attitude of the victim as a discretionary sentencing circumstances can have an impact on the application of the death penalty, the victim of the death penalty has its legitimacy, rationality and value. In the adjudication of civil cases with incidental cases of death penalty, the attitude of the victim forgiveness applies to the restriction of death penalty because of its independence. The attitude that the victim is required to be severely punished has the dependence on the application of death penalty. Relatives of the victims receiving compensation, the defendant to understand the differences of opinion, the relatives of the victims should be in accordance with the law should decide the amount of the amount of indemnity as the final basis for determining whether the victim understanding.