A Comparative Study Of Intentional Homicide In China And The United States

Through the ages, intentional killing cime in various countries are very serious crime. It refers to the crime of criminal law. Due to different legal culture in China and the United States and the concept of intentional homicide, legislative style is different between the two countries, led to the murder of the two countries to fight crime and focuses on the differences of human rights protection.First, in the judicial practice in our country, as a result of intentional homicide legislation setting in sentencing range is larger, similar cases sentencing gap is larger, the gap of mens rea criminal sentencing is quite, so that legislation with reality, and tend to appear although surface legitimate real court decisions against justice, the situation of the crime punishment does not adapt. Investigate its reason, the our country present "criminal law" provisions of crime was established in the practice of legislation system is coarser, internal lack of systematic, simple, type a single led to the charges, set fine enough, lack of maneuverability, so that punishment for murder is full of wild.At the same time, the crime more than set up a system of static and dynamic is insufficient, the provisions of the requirement on charges of murder has the discretion interval, for the lack of regulation, the defense of intentional killing cime in the criminal only exist in the "criminal law" the general illegal deterrent for regulation, the lack of light offence defence requirements, makes it hard for the judges in the judicial practice does not constitute a murder or does not constitute a heavier murder case properly the referee. The so-called four elements to evaluate murder set up or not, this should mean that set up or not intentional killing cime in the criminal law evaluation phase has ended, but according to the regulation of our country "criminal law" the illegal deterrent for should set up to evaluate or not again to murder, to rule out do not belong to the crime. This means that the four elements as evaluation mechanism of status crime set up or not, set up a system of the crime with illegal deterrent for elements such as this should be substantial judgment by four elements in the evaluation of whether a crime was established, compared with the four elements of the crime set up system, the logic.Again, legislation on the murder, a lot of artificial type of murder and should direct evaluation for intentional homicide behavior and evaluation in other crimes "kill" specific crime haphazard stipulated in the provisions in the specific provisions of criminal law in our country, the lack of systematic, not intentional homicide system, lead to can’t according to the mens rea to systematically integrate of intentional homicide, typed, hierarchical division, on the sentencing not reasonable according to the social harmfulness and personal risk limit one kind of intentional homicide punishment range, in order to ensure for appropriate to limit the death penalty of criminal policy and practice. These problems make different sentence connection with the cases in the judicial practice.Finally, because in our country the criminal procedure law in the pursuit of substantive justice while ignoring the procedural justice, on people’s rights guarantee problem is outstanding, people lack of "criminal law" predictability, be unduly punished, "public opinion" kidnapping trial, "relevant" authority intervention trial, suspected crime, be given a lighter or even suspected crimes from others. Therefore, this article aims to in order to solve the above problems, on the basis of comprehensive comparison research, intentional killing cime in the criminal law of China and the United States to China and the United States the concept of intentional homicide, set up a system of intentional killing cime in the criminal law legislation style, cultural differences, as the path, the comparative analysis between the two countries murder the similarities and differences, learn from the advantages of the intentional homicide, make up for the inadequacy of intentional homicide in our country, puts forward related legislative proposals, and strive to achieve to centrally and intentional killing cime in the criminal system, typed, gradation, contrast to integration. Eventually will murder was set up in China was revised by the four elements system including charges requirements and defense requirements, the SINS mechanism and the mechanism of two levels of the system, sets the murder of legislation to have the feature of systematization of centralization, and ladder, realize judicial justice and predictability, practice of sentencing standardization and legalization, by guiding people’s cultural concept to promote the progress of legislation, to push toward the intentional killing cime in the criminal law of our country criminal law operability, rationalization, make light of the value orientation of legislation is to defend the rights of the people.