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Intentional Damage To Death And Intentional Homicide

Posted on:2016-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:P P YangFull Text:PDF
GTID:2206330461986976Subject:Law
Abstract/Summary:PDF Full Text Request
China is a legal country, follow the rule of law system, and strive to build a socialist legal country. In our laws, there are some confusing charges, prone to miscarriage of justice or a heavy sentence situation, so that justice is questioned, such as "intentional injury limits to death" and "intentional homicide" has been difficult to distinguish in the judicial practice, in order to perfect the criminal law of our country, must limit accurately distinguish two crime, ensure judicial fairness. The main purpose of this study is based on carding intentional injury death and murder on the research on the identification of contemporary boundaries, such special forms of crime, the main difference between the two is to define the crime of intentional content of the perpetrator in the crime Is it right? To illegal deprivation of life. If a person is not deliberately illegal deprivation of life, only hurt the health of others intentionally, due to aggressive behavior caused by the death of others, also identified as deadly crime of intentional injury; if the perpetrator is deliberately illegal deprivation of life, even if the behavior is causing the death of another, is identified as the crime of intentional homicide(attempted). In this paper, the objective aspect of crime and the subjective aspect of two to distinguish, by integrating theory and judicial practice mode, each separate content are discussed using typical case, through the analysis of the behavior of human intentional content, determine the behavior person is hurt or kill people, so as to determine all the facts of the case, in the objective aspect, through the analysis of the relationship between offenders and victims, victim human matter, tools for committing crimes, hit location, strength, behavior and behavior of people before and after the performance and other aspects of the crime, in the subjective aspect, main show is different in form of sin to death results, comprehensive analysis and judgment through two aspects, analysis and clear distinction of intentional injury lethal and intentional homicide. The hope is to help the judicial practice of our country.
Keywords/Search Tags:intentional murder, Intentional injury, Crime constitution, Boundaries identified, The legislation perfect
PDF Full Text Request
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