| Research intentional homicide and rape boundaries of judicial practice has important significance for the suspect caused death of the victi m in this case, how to distinguish between individual identified as rape or manslaughter rape in the implementation process, how to apply several crimes concurrence? Looking at the current situation of research, most of the research were to stay at the theoretical level, although at the time of the analysis, also cited a number of cases of evidence, but that did not carry a specific real-world case study of two boundary problem of sin. "Research on the boundaries of the problem of intentional homicide and rape," given in this article entitled, citing a real-life stories, explore the legal issues related to intentional homicide and rape boundaries in order to resolve the problem of judicial practice. In this paper, not to mention there are a wealth of theory, but seek to explore the legal issues could have some value for judicial practice. This paper is divided into three parts: The first chapter introduces the case, mainly a live statement cited herein actual cases and summarize cases of contention.The second chapter of qualitative and case law applies, mainly for research from both qualitative and cited case law, and summarizes and analyzes the different academic perspectives.The third chapter conclusion, according to the summary of the analysis of these probl ems, the author put forward their point of view.This paper based on the facts of the crime, combined with the specific provisions of the criminal law and criminal law theory, think: separate murder or rape reasons are inadequate, there is one-sided, ignoring the development process of the case and the specific facts, not understanding limits of murder and rape in full, from the overall point of view, finds that the case there are two independent criminal behavior, which points out the insufficiency existin g views, finally puts forward the conclusions for the case of qualitative. |
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