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The Problems Of Intentional Homicide Research

Posted on:2005-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:J S WeiFull Text:PDF
GTID:2206360125451796Subject:Criminal Law
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this article points out these points of view: No. oneOn the formation of crime of murder, firstly the damage means the result of another kind of crime, that is to say. It is the result of a kind of crime which exist alone what's more, it include spiritual result we should punish the defendant according to the crime he defy directly rather than crime of stoppage For this , the author suggest that the law should be changed. Namely, the punishment of the break of murder should be exempt, but not that there is no damage there is no punishment or that if the damage is not large the punishment should be alleviated, secondly the reason of the punishment of the fail of murder is the danger of the second same mode of murder, namely to avoid the second same mode of murder, the fail of murder should be punished. This article firstly analyses all kinds of theory on the reason of unfinished crime and then point out changed theory . The author think that the reason of punishment of unfinished crime lie in the way that , the defendant commit crime and the reason, rather than the defendant. So to avoid the way and result the law should punish the defendant.No. twoOn the accomplice of murder, the author thinks that in collusive co principals, although the crimes have not taken part in the action, they should be punished as accessory or abettor. That is to say , in collusive co principals of murder, although the crimes have not taken part in the action, they should be punished as accessory or abettor of murder.No. threeOn the boundary line of murder. Firstly this article think that euthanasia commits a crime, but it shouldn't be regarded ashomicide. We should set a new crime in the chapter of crimes of obstructing the administration of public order, Because it don't obstruct other's right of living, but it obstruct the public order, and it maybe result in the abuse of Jurisdiction. Moreover, Setting a new crime for euthanasia is an foresee ability of legislation. Secondly if defendant formerly intends to kill the sufferer then take away property or suddenly intend to do this, he commits murder; only if the defendant kill the suffer to keep the sufferer silent or revenge himself on the suffer and so on after the time of robber, Should be punished according to the two crime--murder and robbery.
Keywords/Search Tags:Intentional
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