The Problems Of Intentional Homicide Research

Intentionally murder charge since is a kind of ancient crime also BE an our country is social to win nowadays a kind of much more familiar deliver of crime. According to the initial covariance, the intentionally homicidal case has been occupy the very big comparison in the criminal case that the national court accept in recent years. Intentionally kill people the case settle sex prohibit, not be handled properly, not only influence the incorporation of the society public, and influence society of stability, will injure more judicatory of the candor and the authority. Although the penal code theories field to intentionally the murder charge carried on extensively with the thorough research, can't deny, at the time of obtaining numerous consensuses, still exist the place of many controversies and difficulties. Therefore, the research and study intentionally kill people the difficulty problem of the case, regardless and theoretically still practicing up all have the important meaning.This text in addition to preface the main contents is divided into four parts:A part is concerning intentionally murder charge with intentionally injury of boundary problem.Writer to current theories field concerning two boundaries of the theory made the comparison, and pass the analysis to the typical model case example, affirming the standard of the persistence"intentionally say" to distinguish analyse, can announce to public intentionally the murder charge with intentionally the injury differentiation in the essence characteristic.The second part is concerning intentionally murder charge of the legal conversion makes the problem.Our country current penal code in the clear statement rules the conversion intentionally the situation of the murder charge mainly has following several kinds: (1)《penal code》a Section 2s rule of illegal imprison the offense conversion is a murder charge intentionally; (2)《penal code》the 247th prescriptive The extracts confession the offense,violence obtain evidence the offense conversion is a murder charge intentionally; (3)《penal code》a the 1st maltreatment of provision is take charge of the person, the offense conversion is a murder charge intentionally; (4)《penal code》many offenses of gather of a the 2nd provision convert into intentionally the murder charge.The writer makes to the above legal conversion from affirm the lawmaking evaluation made to detailedly elaborate.The third part is concerning intentionally murder charge and mutually the connection commit crime. The writer to judicatory practices medium familiar few criminal chargeses:maltreat the offense and kidnap the offense,rape and rob the offense, as to it's carry out medium victim death and intentionally the murder charge takes into the distinction, to expect to practice to the judicatory to take place the function.Four-part cent is concerning intentionally murder charge of the lawmaking is perfect. The writer fastens the nation and our country the current penal code through British and American methods in intentionally murder charge of comparison, Think the our country intentionally the lawmaking of the murder charge the provision to exist following several blemishs of at least: The first, the articles too generalize, notting agree with to match the request of guarantee human rights; The second, the articles are simple, the legal range leads greatly; The third, because the articles generalize,in brief, the legal range leads greatly, thus causing the law carried out the disunity. So we have to strive for the real results, asking for perfection the fine, according to different of homicidal intentionally,kill the law provision that the object,the behavior details...etc. make a dissimilarity, re- carries on to the our country penal code scientific,rationalize of install.