The first trial of Yao Jiaxin, the much-concerned case, has come to an end. The family of the victim, Zhang Miao, adheres to the request for death penalty... As for whether Yao Jiaxin should be sentenced to death and whether Yao should live or die, from the perspective of sentencing theory and judicial practice, the following factors may affect Yao Jiaxin's life or death: First, Yao Jiaxin's motive for murder, means of killing and the consequences; second, the situation of the victim and his/her family's attitude.