Accomplices Of Intentional Homicide In The Identification Of The Main Problems

Under the "Criminal Law" Article 25 provides that two or more common crime is a common intentional crime. "Criminal Law" Article 26, Section 27, Article 28, Article 29 of China's criminal law co-perpetrator of the classification, combined with the division of labor and the role of taxonomy classification will be divided into principal co-perpetrator, accomplice, threatened accomplice and abettor of four. Although the Penal Code for the type of perpetrator were classified, and a brief description of the perpetrator identified common types of standards, but standards for the changing times is too simple, easy to operate, making the practice of justice personnel or operating with greater autonomy is difficult to grasp the specific space or degree in a dilemma. Identified in each of the crime perpetrator in specific criminal activities in the specific position, not only the need to restore the truth of crime, but also give each perpetrator needs an objective and fair punishment, so that criminal guilt adapt . Each perpetrator in the crime activity in what position, it will be subject to appropriate penalties, in the judicial practice of thinking a little biased, each perpetrator in the common position on the criminal activities will be different , waiting for them, or is three to five years in prison, or as a person who is deprived of the most fundamental right to life. So, identify the perpetrator of the common position on the main accomplice is particularly necessary, however, the main accomplice identified the status of the standard is broad, general, which requires judicial staff have engaged in specific, operational yet has a reasonable and legitimate basis for that standard.In this regard, this paper case study approach, in line with the perspective of judicial practice to criminal law theory based, in the crime of intentional homicide, for example, discuss the specific crimes in specific criminal activities by that is, through the objective from the perpetrator's subjective intent to analyze the behavior and its main accomplices position to understand the main idea of an accomplice identified standards, expectations of the judicial practice identified in the main accomplice in the crime help.This paper is divided into four partsThe first part focuses on the cause of action and the case. Lee A, Wu B, Ma C premeditated robbery, robbery, after the completion of Lee A, Ma C will kill the victim, causing death of the victim of two serious consequences, after the three accused stole the victim's property at home.The second part summarizes the point of view and focus the case of dispute. The focus of controversy in this case mainly in the homicide, Hu B did not know how to implement hands-killing behavior? In the case of intentional homicide in the principal and the accomplice of a snack? Determined based on where the main accomplice? How to understand the intentional homicide in the "primary role", "a secondary role or supporting role?"The third component is the focus of the controversy of the case for the legal analysis is the core of this article. From the theory of the crime extend to the specific case, the contrast of the world system of understanding China's current accomplice accomplice system; to China's criminal law system performance analysis of Humou specific nature of their acts; in identified intentional homicide, Hu B, after it with Lee A, Ma C, crime analysis, comparison, draw interest, obtained in this homicide identified in the main accomplice of the standard; with the case of the perpetrator's specific performance, to understand specific "Criminal Law" on the main accomplice of that standard, found the idea.Part IV is the conclusion of the study. Specific case by the perpetrator in the crime activity in the analysis of specific criminal acts, combining legal theory come to conclusions. Case Li A, Ma C are the main culprit in this case, Hu B is an accomplice, the court found charges of accurate, appropriate punishment, in line with the legality of criminal culpability to adapt the basic principles of criminal law.