The Research On Problems Of Intentional Homicide

Taking Yao Jiaxin Intentional Homicide case as the perspective, the author discusses the relative problems about the crime of intentional homicide. This paper is divided into four parts.The first part introduces the case and its reason, and the judgments of the courts of first and second instance, and its main controversial focuses.The second part focuses on the crime of Intentional Homicide jurisprudence analysis, breaking from the controversial four points, analyze "extremely serious crime"," surrender", "discretionary circumstances of sentencing "and "passion homicide" deeply, and combining with the actual situation in this case, it solves the above four points. Firstly, making the analysis of extremely serious crimes of applicable standards, combined with Yao's behavior, analyzing the behavior is consistent with the provisions of the Criminal Code's death penalty for extremely serious crimes Standard--- extremely serious crime. Secondly, the author makes the analysis of the meaning of surrender and the constituent elements, whether Yao has the surrendered plots or not, making a simple statement of the two opposite views, after analysis getting the conclusion that Yao's behavior is surrender. Based on integrated all the circumstances of the case, analyzing surrender as a statutory sentencing analysis of the case could affect the final sentence. Thirdly, by understanding the meaning of discretionary sentencing to analyze what other discretionary sentencing the case has, and these different circumstances are classified which also affect the final decision or not. Finally, a brief overview of "passion homicide" means, combined with this case, analyzing whether Yao's homicide belongs to "passion homicide." This section is emphasis part.The third part is the negligent and improvement of legislation about intentional homicide. The author States briefly the relevant provisions, not only of including Mainland, Hong Kong, Macao, Taiwan Region and also of foreign countries. This part makes analysis of the negligent legislation about intentional homicide and makes about how to improve and perfect law.The fourth part proposes some conclusions about this case. After the jurisprudence analysis of Yao's behavior, integrated all circumstances of the crime in this case, the author comes to the conclusion of death sentence.