The Qualitative Analysis Of The Forced Homicide Behavior

In recent years,forced criminal phenomenon is very common,criminal offender force the actor to hurt the innocent third party,and threatened the actor for content of implementing crime behavior in order to achieve purpose.This type of crime not only destroyed the social order and legal order,violated the actor's interests,but also damage the legitimate rights and interests of the innocent third party.This kind of crime which abuse human rights seriously and lost the humanity must be regulated.In this paper,we will make a qualitative analysis of the forced homicide behavior depend on a study of Zhang was kidnapped and forced to kill in December 2015,and draw our own research conclusions and enlightenment.This paper,including the introduction,hasaltogether four parts:The first part is the basic situation of the case,summarize the main case and extract the differences of the case,find out the focus of controversy and make a qualitative conclusion.The second part makes legal analysis on the focus of controversy.First of all,identify the person who is forced to murder is not completely lost the free will,and this is the performance of the accomplice under duress.Second,when the offender was forced to implement killing,what he suffering such as: compulsory and control,is not enough to make the person become a criminal tools.Finally,when the criminals forced the offender to kill the third party and he choosing to protect his own safety and obey the orders,the encounter stress he sufferedis unreached the “act against one's will” element in the emergency actions.The third part come to a conclusion on the basis of the legal analysis.The part according to the legal analysis of theoretical perspectives,analysis and draw conclusions to the forced killing behavior.Although in this case Zhang is forced to participate in crime,but Zhang is still have a choice in the implementation of killing,he didn't lost his free will completely and he still had the subjective fault,so he still is the accomplice under duress of crime of intentional homicide.Considering his identify of coerced accomplice and the circumstances of the crime,we should mitigated his punishment.The fourth partget revelation according to the correlative analysis of the case.When we make the qualitative analysis of the case,weshould fully consider the details,the subjective aspect and objective aspect of the case.On the basis of doing these things,combined with the relevant laws and regulations,and then draw a conclusion which conform to the basic objective criterion of the cases.