Study On The Subjective Identification Of Intentional Homicide

The crime of intentional homicide is a crime with a long history,which has been the focus of legal research since ancient times.Therefore,in order to better identify the crime of intentional homicide and achieve judicial justice,the identification standard of the crime of intentional homicide should be determined,so that some difficult problems can be solved.This paper mainly discusses about the subjective aspect of intentional killing cime in the criminal problems,the author from the recent "criminal trial reference" to find hard cases related to the murder,finally selected from several typical problems and determination of subjective aspect of case discussion and analysis,this article altogether is divided into five parts to discuss,hope can help to solve this problem.In the first part of this paper,three selected cases are briefly introduced,and three main problems are summarized,which are the recognition of causality in the content of knowing clearly.Knowing clearly the cognizance of illegality in the content;The determination of the elements of will.The second part first introduces the theory of causality,evaluates the necessity of saying causality and not saying causality,and believes that it is not possible to deny causality and at the same time require the actor to clarify the harmful consequences of his behavior.After that,it discusses that we should use "double judgment" to determine the causality of knowing clearly.As the object of intentional homicide,the standard of judgment should be "intentional danger" whose degree of danger is higher than "negligent danger".The third part is to explain the reasons for incorporating illegality into the content of knowing clearly.From the perspective of liability criminal law and the conditions for the establishment of a crime,it is more necessary and reasonable to incorporate illegality into the content of knowing clearly.It also states that the violation in the cognition of illegality should be a formal violation rather than a substantive violation,because compared with the substantive natural law,the formal enactment law is more clear and easy to judge.After the clear form of illegal identification method should be presumption,presumption in principle,the exception found no,so as to avoid improper reduction of the penalty.The fourth part is the study of the factors to distinguish the problem about will,two forms of intentional wants to let were determined respectively,hope is a stand on the pursuit of results,and let both different and don't want to,not in company with hope,don't want to independent form,let is included in the don't want the mentality of the mental attitude.After that,the difference between indirect intention and self-confident negligence is made clear.The two are different in the foreseeable result,but the more direct difference is still the difference in the will factor.The former mentality is resigned,while the latter mentality is unwilling.Finally the fifth part is the difficult case before the evaluation,that causal relationship should be in the scope of knowing clearly,combined with the case li mou should be intentional injury crime;Illegality should also be the object of knowledge,through the illegality of cognitive standards to judge that zhu mou mou does not constitute intentional homicide;From the aspect of volitional factors,combining with certain cognitive factors to distinguish between indirect intentional and self-confident negligence,it is considered that zhang mou constitutes the crime of intentional homicide.