On The Determination And Penalty Of Intentional Injury Causing Death

With the help of Xu intentional injury causing death case, sought details of intentional injury causing death and manslaughter difference lies, the last and the accused surrendered to obtain an understanding of victims and other statutory sentencing transparent, reasonable, lawful discretion Issues to be analyzed, it is desirable to provide practicality above studies refer to the proposal of the existing judicial practice work.The article is divided into three parts to elaborate, in particular:The first part of the case to a simple statement, organize, refine the focus of the dispute case. Court and Procuratorate mainly on patterns of crime and sentencing the accused have major differences in: Xu whether they have intentional deprivation of life; Xu's act shoud identified as intentional homicide; Xu's sentencing is appropriate.The second part of the specific focus of controversy for analysis,analysis Xu intentional nature of the offense, explain intentional injury causing death and intentional homicide of demarcation issue, the other based on Xu surrender, relatives of victims to obtain the understanding and other relevant statutory sentencing, Xu consider sentencing is appropriate.The third part ponder proposal put forward: the sentencing issue as a public prosecution should have the right content; legal punishment,sentencing the application of the court as prosecutor, judicial, an important part of the defendant tripartite debate, argument; the contents of criminal judgments can complete the applicable legal punishment of the crime show, and subtraction sentences arising because applicable sentencing and give adequate instructions; the judiciary should take the initiative to participate in the process of understanding the victim moderate proposal, hoping to improve judicial practice benefit.