Zhang Yingqi Intimidated Homicides Legal Analysis

The Evaluation to the value of different individuals has always been a controversial problem in criminal law field,which involves the emergency actions and the theory of expectation of possibility.As soon as the case of who is threatened to murder is reported to public,it caused extensive concern of the society from all walks of life and aroused public opinion.Because of this,people begin to once again focus on the things as how to measure the protective value of different life rights,and people from all walks of life begin to discuss on the life safety behavior.At the same time,the case of ZhangYingqi is happened under being kidnapped by stress situation and the murder action is implemented out of saving his own life,which touches the forced behavior of criminal law.In criminal law,the concept of forced to act only exists in Anglo-American law system countries,and there is no independent concept of forced to act in the current criminal law in our country and it only appears in the relative rules of emergency action and coerced offender.As to the regulation rules of an accomplice in the emergency actions and duress,although it already has certain research,our country criminal law is not yet mature.Because of the Imperfection of legislation and the imperfection of the theory,the controversy in judicial practice towards forced to act exists for a long time,and there even appears the phenomenon that the same case has different sentences,which no doubt put forward a big challenge towards our country's criminal legislation and judicial practice.Taking ZhangYingqi coerced homicides,for example,this thesis try to use emergency actions and foreign theory of expectation of possibility of an accomplice theory to discuss the controversial issue in this case,and through the analysis to found that the regulation of forced to act in our country legal still exist defects and there is also conflict between legal and reasonable.Based on the domestic and international law regulation,theoretical research and judicial practice theory,the author tries to give some superficial solution Suggestions,which may have a certain value towards the criminal legislation and judicial practice of our country and safeguard our country's legislation and judicial authority.There are five sections in this paper except the conclusion.The first part is introduction.As a special or even extreme murder behavior,forced to murder violates laws and regulations on forced behavior,and it also challenged the public psychological bottom line.How to recognise it in judicial practice deserves our in-depth study and analysis.Taking ZhangYingqi coerced killings as a starting point,this thesis elaborated the origin and significance of this topic,and this paper also introduced the academic research methods and innovations.The second part is the case review and controversy.This part summarized the ZhangYingqi intimidated homicide case and the verdict,and put forward the case of two controversial issues.The third part is the basis of how the case of Zhang Yingqi's murderous act constitutes a crime.This section is from the emergency aversion theory and the Angle of the theory of anticipated possibility ZhangYingqi.Killing is analyzed and expounded.First part introduces the necessity,the judgment standard of limit of analyze ZhangYingqi.It turns out that if no emergency actions,it also can't cause sin.Second part is the analysis and criticism of the concept of admitting the same life emergency actions no crime viewpoint.Finally,by drawing lessons of The Theory of Expected-possibility from abroad to explore that that ZhangYingqi's killing behavior is not a lack of expected possibility,therefore,cannot avoid crime.The fourth part is the recognition of an accomplice ZhangYingqi's murder behavior constitute coerced offender.First of all,compared with the constitution elements of murder crime,combined with this case to analysis that ZhangYingqi case is a kind of intentional homicide behavior.Secondly,based on the analysis of the elements of an accomplice in duress,ZhangYingqi should be an accomplice to duress.Finally,analysis the two factors that affect the degree of sentencing,namely the degree of severity and the surrender plot in this case.The fifth part is the enlightenment to the case.On the one hand,there is no independent concept towards coerced criminal behavior in China's criminal law,and it only exists in the regulation of different provisions of criminal law in our country.From the inconsistency on the cognizance of similar cases in existing law and legal practice,we can see there is still defects in the judicial practice.To define the nature of the forced behavior and criminal legislation in our country on the existence of defects,combined with the forced behavior outside of qualitative and judicial practice,the author puts forward some perfecting Suggestions.On the other hand,through the analysis of this case,although the case constitutes a crime,there are still possibility of free from criminal punishment,but in the aspect of morality,however,standing on the point of view of moral judgment and evaluation of ZhangYingqi's murder behavior,the public tend to think that he must be punished by the law.It is hard for the public to accept that criminal without punishment,so the legal and reasonable is in dilemma,the author puts forward some solutions.