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Not as the Identification of Intentional Homicide

Author: ZhouMingWei
Tutor: JiaDengXun
School: Lanzhou University
Course: Criminal law
Keywords: Not as a crime Intentional homicide Legal acts The principle of legality
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 233
Quote: 0
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Abstract


Crime of intentional homicide is a serious social harm, should be subject to criminal punishment. Criminal behavior objectively acts and omissions can be divided into two basic forms. We know that constitute intentional homicide crimes in most cases is a form, but in everyday life as a way of not constituted intentional homicide also occurred. Not as a criminal act as a means of criminal law theory has always been the focus of the study. Circles around the omission behavioral, not as a source of crime as an obligation, not as a result of behavior as well as the causal relationship between crime and not as the relationship between the principle of legality, engaged in a fierce debate. Because they do not as a crime is a very complex issue, and to act omission constituted intentional homicide, either in theory or in practice, finds it all the more difficult. This paper will combine our 刑法理论界 current research is not a crime on the basis of non-intentional homicide as a special constituent elements, not as a basis for such an obligation intentional homicide generalize analyzed in order to practice in the judicial acts of omission way constitutes a crime identified benefit. Methods in research and writing to the provisions of the Criminal Law, theory, logic of the case are excerpts cases for comparison and analysis to explore the phenomenon of such cases and problem-solving strategies. This paper mainly uses a comparative study and case analysis. The idea of ??writing this article from the judicial practice, while practice is the sole criterion for testing truth. Thus, while the theoretical research article cited a number of cases, for example through the analysis of these related cases, do not attempt to carry out the crime as a way to define and use the theory to guide practice. In this paper, writing frame, in addition to the introduction and conclusion, as a whole consists of four parts. By introducing the first part is not as crime-related cases on the merits are introduced, proposed the concept and not as a crime characteristics, and not as a crime and as a source of obligations Elements. The second part is not a crime characteristics, combined with the characteristics of intentional homicide and crime Elements, proposed as a manner as not to acts of intentional homicide, in addition to the general constitute a crime shall have the four elements, we must also have Several special conditions. The third part is not a crime against the obligation to source and judicial practice, the identification of the source of these obligations, combined with related cases, not as a crime by the four sources of analysis and comparison of obligation, and strive to come to act as a manner not intentional homicide in the judicial practice of how to properly identified. - Mr. Hong refusing to critically ill elderly one case, for example the introduction of the fourth part of the case through the article began, combined with relevant doctrine and theory, Analysis of non-intentional homicide conviction and sentencing as a legal analysis. This section combines specific case, not as careful analysis of the circumstances described not as passive actors with intentional homicide in the implementation of behavior consistent omission constituted only intentional homicide, on this basis, consolidated the whole case, As for the perpetrator does not implement intentional homicide for analysis and identification, and ultimately to achieve qualitative accuracy, sentencing appropriately. Conclusion part of the article describes the problems studied and summarized.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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