On The Distinction Between Murder And Intentional Homicide

Under the value system of murder on the basis of value judgment, murder and manslaughter."premeditate" the traditional explanation is maliceaforethought. Earliest to murder is defined as:at the time as long as it is within the scope of the British territory of the kingdom, reach British criminal law provisions of the criminal responsibility age person and are planned in advance to the victim illegally killed, destroy the territory in order, and then accused by the parties or are defined according to law and injury to the victim, the victim was finally committing crimes behavior person died within one year and one day after the injury situation constitute murder. Which one in use today in addition to a few content is deleted, murder basic spirit and constitutive requirements were still take over. Until today in development of murder is no longer a simple prior premeditated murder, and the main performance is the main part of the murder of malignant, such as very bad means. In addition to the UK, Germany, France, Switzerland, and America from many countries such as the United States will be planned as a constitutive requirements of homicide. And China,"murder" is put forward in Jin law, in the Tang law is widely known, the"murder" is mainly refers to "two people meeting" or is one advance planning, NingHanlin,"according to the provisions of the tang, murder, a murderer is treated in accordance with the criminal crime psychological state to determine, and fight and kill, shot, scene and negligence is based on the consequences of crime."This is also corresponding with the provisions of British and American for murder."Intentional homicide " the concept of more formal, traces the history, first seen in Qin bamboo slips, the narration about murder, includes the thief killed, bucket, a murderer, and killed four. As a serious crime of murder in the criminal law in England and the United States, both countries to impose a very harsh punishment. In china,there isn’t the concept of murder in the criminal law, in terms of murder, intentional homicide is the core of the criminal law in our country. Under the existing system of criminal facts, a growing number of cases tell us that our country criminal law about the murder simple rules can not reasonable handle criminal homicide case. This urgently needs us to compare and analyse murder and intentional homicide, the value murder as value factors in the new criminal value system involved in intentional homicide in the system of criminal facts, In order to make up for the inadequacy of China’s existing homicide.