The Lighter Plot of "Intentional Murder" Standard Normalized Empirical Investigation
|School||East China University of Political Science|
|Keywords||Intentional Murder Lighter plot Standard Normalized|
Crime of intentional homicide infringes the most important legal interests whichprotected by criminal law and apply to the death penalty most of the time. Establishing thelighter plot of “Intentional Murder” helps to limit the application of the death penalty andconsistent sentencing for that kind of crime, as well as safeguard judicial justice and unity.There is no specific standards and relevant judicial interpretations to sort out the lighter typesin China’s criminal law. Due to the lack of clear rules on lighter plot, there is no uniformapplication basis in judicial practice; as a result, the sentence can’t reach the same judgment.It can safeguard the crime balances and reflect the humane care of the Criminal Law byclearly the Lighter “Intentional Murder”.The paper is divided into four parts. The first section summarizes some cases ofintentional homicide of court decisions, these cases reflect the common lighter intentionalhomicide in our judicial practice and theory contend. In judicial practice, different courts willmake a different identification in the same plot for the same case about lighter intentionalhomicide situation; Court identified a plot belongs lighter intentional homicide, but make adifferent verdict; The lighter plot of intentional homicide is interwoven with other seriouscircumstances, the court is difficult to clarify the case, tend to reprieve judgment. In theory,there has been no scholars have conducted a systematic analysis or research for that standardas well as the type of lighter intentional murder. The second part is analyzed theoretically identified the lighter plot of intentionalmurder must be based on the principle of balance of crime. Ancient precepts decided thedifferent type of offenses was based on the object of the killing, the motive of the differentmoves. The classification of foreign criminal law is generally from the perpetrator’s motivefor the crime, the circumstances of the behavior, the killing of object. In comparison, thecurrent criminal law just a single provision about intentional murder, the provisions is tooabstract to apply.The third part defines the lighter plot of intentional homicide standard based on ourjustice. Even perfect criminal law is not exhaustive to describe all the individual behaviorsand social phenomena, but the establishment of standards is help to regulate the currentsituation. The lighter plot of intentional homicide should establish the following criteria:(1)the actor must have the statutory mitigating circumstances;(2) the means of murder is notparticularly cruel;(3) the murder is based on venial motive;(4) the perpetrator’s confessionand repentance attitude reflect the smaller likelihood of recidivism;(5) from the view of thelegal effect, it can achieve the unity of the legal and social effects of a lighter punishment.The fourth part lists the types of lighter plot of intentional homicide. According to thestandard of the lighter plot of intentional homicide, only the cases includes the five conditionsthat can be identified as lighter plot of intentional homicide. Punishment based on theStatutory Sentence within the range of3to10years in the case of the lighter plot ofintentional homicide. The clarify of the common case of the lighter plot of intentionalhomicide contribute to the judicial practice guidance.