Research On The Determination Of The Actors’ Subjective Fault In Homicide Cases

The determination of the subjective guilt of the perpetrator in homicide cases has always been a difficult problem in practice.The subjective mentality of the doer is hidden deep in his heart,it’s difficult to explore from the outside.In particular,it is more difficult to identify the subjective guilt for those defendants whose mind is blank.In this paper,it is believed that subjective intention is actually a standard judgment and can be classified into categories.This paper evaluates the subjective malignancy of the actors’ behavior by analyzing the combination of the strength and weakness of the elements in intentional type,and then ascertains the subjective guilt.There are more than 30,000 words in this paper,a total of six parts.The first part is the introduction.This paper mainly explains why we pay attention to the subjective guilt of homicide cases and the significance of this research.The second part designates the research scope of this paper and introduces the importance of correctly identifying the subjective fault in the qualitative measurement of criminal cases.The accurate identification of subjective fault is very crucial to the final determination and sentencing of the homicide cases,and even directly affects the life interests of the accused.The third part is the introduction of the existing methods of how to identify the crime of the perpetrator subjective fault and their defects,the existing methods are easy to lead to the uncertainty of the judgment and the emergence of injustice and false cases.The forth part is based on the research of the intentional type,sometimes there is no result to try to know the defendants’ behavior subjective state of mind at that time,actually intention is a normative evaluation problem,we can establish an objective standard to identify subjective fault from the angle of the standardization.The subjective fault can be judged with typical cases by the combination of strengths and weaknesses among various elements.The fifth part proposes that we can set up guidelines for guiding and handling how to identify the subjective guilt in homicide cases.The sixth part is the conclusion.