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Intentional Homicide Cases Of Empirical Research

Posted on:2008-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:G F ChaFull Text:PDF
GTID:2206360215972964Subject:Criminal Law
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As one of serious crimes, crime of intentional homicide has the intention to deprive of a person's life illegally. In the case of crime of intentional homicide, what is the psychology,mental,and career feature of victims and inflictor? What is the relationship between the victim and inflictor? What are the factors luting the inflictor to form the intention to deprive the victim's life? Whether there is the error of the victim in the case? What kind of role dose the environments play in process of the generation mechanism of crime? How to keep away and control the crime of intentional homicide? Besides, from the aspect of criminal integration, whether the crime of intentional homicide is logical in the frame of criminal fact, criminal criterion and applicable punishment? On the base of 500 court verdicts on Crime of intentional homicide selected at random, this essay analyzes crime of intentional homicide from the angle of Criminology and Standard Criminal Jurisprudence, concludes 10 kinds of concrete criminal activities and finds out the reasons why criminals commit crime at the price of life. In the end, the author puts forward some countermeasures, which are trying to solve the practical problems.The first part is the general situation about cases of crime of intentional homicide. The author analyzes the patterns of crime of intentional homicide from the crosswise angle, and focuses on the relationship between inflictor and victims and their age, gender, career and education background respectively. Taking the intention and motive of crime as the basic points, the essay is to conclude 10 kinds of concrete criminal patterns of activities, such as the love factors, the wealth factors including robbery, kidnapping, economic dispute, inner family dispute, trivial matters dispute, neighborhood dispute, revenge and rapes. This part demonstrates the features of criminal patterns such as the time, the place and the action mode the inflictor commit crime, and the rate of committing crime for the persons with criminal record. Besides, it also analyzes the relationship between the inflictor and the victim, the error of victim in the process of crime.The second part is to analyze the 10 kinds of concrete criminal activities. From the point of homicide for love, kidnapping, inner family dispute, economic dispute, trivial matters dispute, neighborhood dispute, revenge and rapes, the essay analyzes the pattern of crime concluded from the case of crime of intentional homicide to further demonstrate the feature of all kinds of homicide patterns including the age, career and economic condition of the victim and inflictor. For example, in order to search the homicide which occurs in the process of robbery, it is necessary to know criminals and victims' gender, age, career, education background and the action mode of crime. Besides, it is also very important to realize where and how the cases happen.The third part is to analyze the causing mechanism of crime of intentional homicide. In researching the history of the reasons to commit crime, there are there kinds of views including monophyletic theory, dualism, trialistic theory. Through positive research, this essay confirms that criminals, victims and social environment play important roles in the process of crime of intentional homicide and they shall work together and influence each other. The author demonstrates from the following four points. Firstly, it include the factors of inflictor, such as age, gender, career and the psychology condition of the inflictor and so on; secondly, it includes two factors such as the physical and psychological conditions of victims; thirdly, it includes the factors such as the social, economical and natural conditions causing crime; finally, it is about the mutual relation among the three aspects including the inflictor, the victim and the social environment.The last part demonstrates the criminal policy referred to the crime of intentional homicide. It mainly argues the punishment countermeasure and the social countermeasure from the angle of the realistic factors and ideal factors. One is social countermeasures including the countermeasures in light of society, nature environment, criminals and victims; the other is the countermeasures of criminal punishment. The countermeasure of criminal punishment for realistic factors includes the general application of criminal punishment for the crime of intentional homicide, the all types of crime and the death penalty. The ideal patters include the general application of criminal punishment for the crime of intentional homicide, the euthanasia, the homicide for robbery and the victim killed in the crime of kidnap and so on. By analyzing from the two aspects, it is found that there exist inconsistent relationship among the criminal fact, the criminal law and the application of punishment.
Keywords/Search Tags:Intentional
PDF Full Text Request
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