A Study On Xia Junfeng 's Intentional Homicide

In recent years,a series of the administrative law enforcement of violence criminal cases appear constantly,the enforcement of triggered strong social public attention and controversy, The case of “XIA JUN FENG” is one of the most typical example. In the process of trial, the qualitative and sentencing issues about he’s behavior, launched the prosecuting and defending parties in a long battle. Eventually the prosecution claims supported by the court, he also with intentional homicide was executed. Although the court’s decision is unlikely to change, but the case behind legal issues are still worth studying. For example,he’s behavior is considered to be the crime of intentional homicide or self-defense, the death penalty for him whether appropriate, fault and the victim of crime of passion and sentencing what. Combining with the court judge the basis and the defense of the defense for he’s case are analyzed in detail, and the article research conclusions about these issues, through the study of the case at the same time proposed to the urban management enforcement in our country and the system of death penalty sentencing suggestion.The article is divided into four parts:The first part is the case introduction, introduced the case of the case and the verdict.The second part is qualitative controversial to review this case, through the analysis of the court judgment basis and defense, to solve the influence of the three key problems: the qualitative to the case is a subjective intentional problem; Second, the law enforcement personnel if there is a fault; Three is whether there is a defense. Through the analysis of these three key problems, the author thinks that the court verdict murder is qualitative error, shall be deemed to be deliberately harm(deadly) sin is more appropriate.The third part is the case sentencing controversial review, in combination with other scholars research on sentencing plot, analyze the effect in the case of sentencing plot, on this basis, the author thinks that, apply to the death penalty is too harsh, he should apply 15 years shall be sentenced to fixed-term imprisonment or life imprisonment is more appropriate.The fourth part is the case of reflection, including the reflections on the present situation of our urban management law enforcement and the defects of the system of death penalty sentencing of reflection, and put forward for improving the present situation of the urban management enforcement in our country and the death penalty system suggestion.