About "Hire Murder People" Crime Criminal Responsibility Research

" Murder for hire " this concept for the general public and not a Mo Sheng words, especially in today’s social media rapid development, the information flow induced fast growth period. And " murder for hire " criminal cases in trend growth year after year, because such case of bad influence, often to the public caused a society was extremely unstable impression. At present our country for " murder for hire " crime in China’s criminal law book is also no express provision, in the actual trial, judgment of such cases is only with reference to the common crime intentionally kill the terms, according to the common crime of intentional homicide in the master-slave principle, make objective consistent with the original responsibility, guilt conceited principle difference between sentence case the criminal penalty. In distinguish "employer" and " hired " is a foundation, through years of classical case analysis, according to the actual situation on the " murder for hire " crime of the crime criminal responsibility analysis. First of all, this article will take over the classical case as the main material, for " murder for hire " crime concept connotation understanding. In this paper, on the other hand through some case histories of enumeration, found from the " murder for hire " cases, employers to hire a hitman method and way, the employer for criminal purposes, thus found the case depth second reason, clear in hired to kill such common intentional offender in the crime behavior of specific aim the motive for the crime, mining, so as to achieve specific criminal liability issues. Hired to kill cases according to the specific crime in different forms, can be divided into pure and impure for incitement to murder. At the same time have jointly committed the preparation of the crime, discontinued crime and other crime unfinished form. This paper specifically ordered the killing crime unfinished form also are discussed respectively.Secondly, based on the murder for hire of the concept analysis, accurate delineation of common crime in master-slave crime problems, according to the common crime in the suspect’s crime motive, purpose of crime, crime subjective malignant analysis, the degree of social harm, as well as to cases in which the victim’s family harm, whether a given the victims and their families in the material and the spiritual compensation. According to Chinese criminal law in the three principles, the subjective culpability principle, conceited principle, difference principle of paternity, and finally do case in the criminal suspects should bear criminal responsibility.Finally, this article mainly adopts case analysis method, on the court of each case judgment whether results conform to the current criminal law of our country on the contract killing of the relevant provisions, to provide some feasible suggestions and opinions. For example, in the unfinished form of crime, attempted crime case of employers and employed should bear criminal responsibility, most of the large non pure guxiong murder case the employer should bear the criminal responsibility, in the part of pure guxiong murder crime cases employers are not straight to the crime, but by being hired to be responsible for the specific implementation of criminal behavior, this situation is likely to have excessive crime may, perhaps an employer to deliberately hurt by someone, but not killed, but the actual crime in the process of being hired and will be killed, of course, because employers neglect behavior leads to the death of the victim is another when on, it belongs to the indirect intent. This paper also discusses the guxiong murder case and the indirect principal offender distinction, and ordered the people to hire the situation in each suspect of criminal responsibility. According to the concrete case, correctly, reasonable evaluation.