On Crime Of Intentional Homicide Crime And Legislative Improvement

Intentional homicide is the most serious criminal offence in whether China’s criminal law or criminal law of other countries in the world.Therefore,they are paying special attention to intentional homicide legislation. At present,count of intentional homicide in China’s criminal law is simple and rough,and punishment has a large range,which leads to the situation that the judge has great discretion and frequently occurs to much serious unfair phenomenon in judicial practice.China’s intentional homicide crime has two types. They are general intentional homicide crime and transformed intentional homicide crime. It constitute intentional homicide crime as long as actor kills intentionally someone. Transformed intentional homicide crime shows that the"four ordinance,five accusation"in China’s criminal law. They are crime of unlawful restraint of another person’s liberty、crime of using torture to coerce a statement crime of resorting to violence to obtain testimony and crime of affray. In accordance with the provisions of the current criminal law,actors constitute general intentional homicide crime as long as they kill someone,regardless of the perpetrator’s motive for the crime、the criminal purpose、the object of crime. In fact,they embodies the subject vicious of the actors、dangerousness and social harm. Based on strict control of the purpose of applying the death penalty to protect human rights,it is necessary to classify the different types of the intentional homicide crime.From the macro level, I introduce the guiding philosophy of the improvement of the intentional homicide. It is divided into the improvement of count and punishment. The former includes summarized into concrete, a separate crime to constitute count into the types of crime constitutes count and binary plot into ternary plot. The latter comply with the principle of suiting punishment to crime, and strictly control the scope of application of the death penalty and punishment from severe ones to light ones into from light ones to severe ones.From the micro level,I explain the path to improve intentional homicide, which is the typification of “aggravating or mitigating circumstances” and the legitimation of “aggravate or mitigate the crime constitutes”...