The Analysis Of Inviting Others To Kill One By Irrigating In Criminal Law

Intentional homicide is one of the most common and the most serious natural crime ofhuman society. It has always been severely crack down on Criminal Law of many countries.Article232of China’s Criminal Law obliges: The one who murder deliberately, will beimprisonment of capital punishment, imprisonment or10years of above; Less serious, threeto ten years in prison. For the penalty of intentional homicide is reversed, we know that, howstrongly the legislators opposed it, and how they want to punish the one who do like this. Asthe most common crime, the intentional homicide has various shapes in the practice, it easilyand generally combines with the principles of Criminal Law, like the number of crimes, thecrime stop forms, who is the principal one and who is the accessory one in the common crime.China’s Criminal Law about the intentional homicide is too simple, when the forms ofintentional homicide in practice are complex, which contributes to the difficulty to judge.This paper, begin with a case about one abused women invited her neighbors to pester herex-husband to booze, which caused the death of her ex-husband. Then this paper want todiscusses the following questions: Can advising people drinks be intentional homicidebehavior; The one who was advised to drink dead after being discard, what caused the deathfinally; Who was principal in the perpetrators; When the victim has faults in the developmentof the crime, how to identify intentional homicide "less serious" and how to apply penaltiesaccurately.This paper was divided into four parts.The first part describes the cause，induction of differences of opinion and the focus ofcontroversy in this case. Zhangyi was the victim who married the defendant, LIjia. Aftermarriage, Zhangyi had always be very drunk, and then beat LIjia regularly. Zhangyi evenhad a extramarital affair, so they divorced. After the divorce，Zhangyi still harassed and beatLIjia. As unbearable, Lijia invited her neighbors, Zhaobing and Zhaoding, to pester herex-husband to booze to kill him. Could advising people drinks be intentional homicidebehavior? Was there one or more crimes in this case? Was Lijia the principal or accessory one?Was the punishment to Lijia appropriate or not? They were the disputed issues in the case.The second part describes the legal analysis of the contentious issues related to this case.First, from the analysis of the behavior in the criminal law theory to tell the behavior problems of intentional homicide, discuss the elements of intentional homicide. Secondly, itanalyzes the standards set to distinguish completion of a crime and attempted crime. It alsoanalyzes how to find the accomplishment of crime. Then according to the role played by theoffender, and decide the instigator’s status. Finally, to clear what is "less serious" intentionalhomicide, And analysis other factors, like the victim’s fault, how affecting the conviction andsentence.The third section describes the concludes of this case.Three defendants in this case existthe constituent elements of intentional homicide, In the sin to willful killing, Even onlyadvise booze, their behavior constituted intentional homicide; The entire process of crime, thebehavior of the three accused ties closely, coherently, Constitute only one crime, intentionalhomicide, and reached the standard of accomplishment, founded intentional homicideaccomplished. LIjia was the instigator who “mere empty talk", in this case, In the advance ofthe criminal process, she does not have the practical ability to control others, she played thesmaller role, should be accomplice. The victim, Zhangyi, had a serious fault.According toother situations, such as the motive for the crime, criminal means, and so on, Can determinethat, it belongs to the "less serious" intentional homicide. LIjia also had a surrenderedperformance, sentencing her to ten years imprisonment, the punishment is too heavy.The fourth part describes the revelation from this case studying. The studying is not onlyto review the case again to judge the results are reasonable or not, But also to deal withsimilar cases in the future. This paper aims to give full play to the Case Guidance System,which is in line with China’s national conditions, to distinguish the two independent kindcrime of intentional homicide. Through the reform of regulation of sentencing, sentencing tointentional homicide also have been more clearly, more normatively and accurately, whichhelps to achieve justice, and to safeguard the judicial authority.