A Comparative Study On Crimes Of Intentional Homicide(Indirect) And Injury(Death)—legal Analysis Of Fu Wanxin Case Causing Death To Another Person Abstract

Crimes of intentional homicide(indirect)and injury(death)have direct infringement on human rights to life and physical health,with not only great dangerousness of the person but also irreparable damages to body and life of the aggrieved person.If intentional homicide or injury is performed by a man,mistakes can usually occur in determining nature of the two crimes during judicial processing of the case,due to certain similarity of the two activities in many aspects.All the time,distinguishing crimes of intentional homicide and injury is based on provisions of articles in penal law to issue a precise punishment for injurious act.The distinguishing is also a conformity to principles of legally prescribed punishment for a specified crime and of compatibility of crime,responsibility and punishment.Only crimes of intentional homicide and injury are defined clearly can accusation prescribed by penal law be applied to specific cases accurately and criminal act be legally sanctioned according to related provisions.In terms of practice,because maximum statutory sentence of the two crimes is identical,both being death penalty,investigators of public security organs are used to differentiate and study such cases carelessly.This kind of attitude is not in accord with requirements of principles of legally prescribed punishment for a specified crime and of compatibility of crime,responsibility and punishment.Meanwhile,differences between charge and trial,serious punishment for misdemeanors and under-punishment will increase accordingly.Through an analysis of Fu Wanxin Case causing death to another person,a combination of juridical practices and overall consideration of the case,the thesis mainly analyzes subjective feelings of the defendant,the causes,cognitive competence of the defendant,constitutive character and injured part of the victim as well as the strength and way of the behavior for convicting the defendant.In addition,reasonable suggestions to analyze and determine crimes of intentional homicide(indirect)and injury(death)are put forward.The contents of this study are comprised by following aspects,thesecond and third part of which being the keys of the study.The first part is a discussion and analysis of the case.Through a simple introduction to Fu Wanxin Case causing death to another person,two different disputed opinions are brought forward.Then,the two opinions are generalized and analyzed respectively,and involved legal problems are analyzed.The second part is comparative analysis.It focus on the second opinion of the case,namely whether crime of intentional homicide(indirect)or intentional injury(death)is caused by the behavior of Fu Wanxin.Afterwards,a comparative argument and analysis of the two disputed points are conducted systematically to show their differences and how to determine the nature.The third part is a discussion and study of the standards for distinguishing crimes of intentional homicide(indirect)and injury(death).The forth part is an analysis of what crime is charged.Based on detailed arguments above,the conclusion part is a general evaluation of what crime being committed by Fu Wanxin.What's more,some suggestions on judicial judgment are put forward,with the hope of being beneficial to practices in the future.