The Discussion On Crime And Punishment Of Miss Jiang’s Action Which Leads To The Death Of Her Biological Child

Crime of intentional homicide, crime of negligent homicide and crimeof abandonment are all the crimes of infringing upon citizens’ personalrights and they are stipulated in the fourth chapter of the China’sCriminal Law. Those three crimes are very common in our daily life, andthey are the most important object of being discussed and studied inJudicial Practice. The constitutions of those three crimes have manysimilarities, what’s more, actions in daily life are also complicated,so it’s hard to judge which one the action belongs to. So it’s necessaryto combine action with theoretical analysis when you need to distinguishthem.In Judicial Practice, there are lots of spaces in discretion of theDiscretionary non-prosecution which comes from the Procuratorate, thissituation might have an huge affection on the benefits of criminalsuspects. Therefore, it’s also worthy for us to think about how tounderstand and identify “the circumstances are minor”.In this thesis, through discussing the action which comes from MissJiang, whose action leads the death of her biological child, in orderto find the boundary among crime of intentional homicide, crime ofnegligent homicide and crime of abandonment, and then sort out thecriteria recognition of “the circumstances are minor”. May the thesiscan set an good example of combining theory and practice, and provide someanalytic methods for the same cases in the judicial practice. There aresix sections in this article, about sixteen thousand words:The first part is sponsored by the case of the death caused by MissJiang’s negligent.The second part is the brief introduction of the case, mainlyintroduces the situations and the conclusion comes from the Procuratorate.The third part is to introduce two focuses of the case’s controversy,one is the identify of the action comes from Miss Jiang, whose action leadsthe death of her biological child. There are three basic opinions on it:Miss Jiang constitutes the crime of intentional homicide; Miss Jiangconstitutes the crime of negligent homicide; Miss Jiang constitutes thecrime of abandonment. Another focus is whether it’s proper for theProcuratorate decided not to prosecute the case.The fourth part is to introduce the different opinions on the caseand their reasons.The fifth part involves the analysis of the legal principle in thecase, which is also the focus of this article, including the analysis ofthe criminal constitutions of the crime of intentional homicide, crimeof negligent homicide and crime of abandonment, the analysis of crime ina state of passion and the circumstances are minor, the conclusion whichcomes from the author.The sixth part is the conclusion of this article. This paper arguesthe action which cause the infant death constitutes the crime ofintentional homicide (indirect intent).