On The Boundary Of The Crime Of Intentional Homicide And Intentional Injury (Death)

Murder and intentional injury are the infringement of personal rights of citizens in the specific provisions of criminal law, the crime punishment law is very important in the research status in our country. In order to accurately grasp this crime in judicial practice, correctly apply the criminal law provisions, this article selects the Liu intentional homicide as the material, carefully combed out the case of disputes, and is related with controversy, thoroughly discusses the qualitative and difference between murder and intentional injury problems, as well as the shape of criminal offense.In case evaluation part, in view of the first controversial focus:the defendant Liu behavior constitute intentional injury (death) of the victim Su or murder? Use case analysis method and the criminal law theory analysis and the method of combining in-depth analyses of the basic element of the murder and intentional injury, expounds the intentional injury (death) and the difference between murder and boundaries in the judicial practice, deduce the conclusion of the case shall be deemed to be intentional homicide. The flashpoint 2:this case the defendant Liu to the victim Gu how should seriously behavior qualitative? Punishment law of criminal theory and the concrete specification of the criminal law, deeply analyzes the act in this case the defendant Liu objective and subjective constitutive requirements, using the rules of judicial practice, analyzes the public prosecution department put forward opinions and judicial cognizance, obtained the case shall be regarded as intentional homicide (failed).Suggest part in thinking, put forward about the concurrence of murder and intentional injury how to grasp the qualitative problems and this crime in the judicial practice that advice.