Research On The Case Of Zhang Moumou Driving A Car

Zhang's driving crash case was finally decided by the Heilongjiang Provincial Higher People's Court,and the defendant Zhang constituted the crime of intentional homicide.But there is a great deal of controversy in the trial process: when the procuratorial organs prosecute,some prosecutors think that Zhang's behavior should constitute a crime of endangering public security by dangerous means.Zhang's lawyer puts forward that Zhang should constitute a traffic accident crime,and the court thinks Zhang's behavior is more in line with the crime of intentional homicide after trial.Starting from the case of a car crash by Zhang Mou-mou,this paper analyzes the controversial issues in the case,that is,what crime does Zhang constitute? How should it be qualitative? One by one analysis of the four elements of the crime constitution,it is concluded that Zhang Mou should constitute a crime of intentional homicide.Because Zhang Mou-mou has no intention to endanger public security subjectively,and has not infringed public security objectively,and his behavior has not reached the danger equivalent to the crime of arson,water runoff,explosion and so on,and does not conform to the objective aspects of the crime of endangering public security by dangerous means,it should not be recognized that its composition endangers public security by dangerous means.The crime of CO security.Zhang Moumou has a subjective intent to kill,so it should not be identified as a traffic accident crime.Through this case,the introduction of the judicial academia on the nature of dangerous methods of homicide cases,because the general theory of the judicial academia and Professor Zhang Mingkai's point of view is contrary,the author through analysis,that Professor Zhang Mingkai made a more accurate conclusion on this issue,and added three points of view to strengthen its conclusion.At the same time,in the course of researching cases,the author finds that the crime of endangering public security by dangerous means is abused in judicial practice because of the general theory of the judicial academia.Based on this,the author analyzes the causes of this problem and puts forward three solutions,in order to standardize the nature of the cases of homicide by dangerous means in practice.