| Offence of intentional killing is the serious crimes that common, high-fat and high rate of death penalty , the research into the cause is necessary. The existing legislation of offence of intentional killing have shortcomings, and reflect the heavy penalty doctrine, it is not conducive to the judicial practice. Therefore, the improvement of legislation of offence of intentional killing is very necessary.The improvement of legislation shoud consider the facts about a crime and the punishment. Analysising the specificity and generality of constitution of crime, and make the facts about a crime become specialization, materialization and reflexivity. And there's the foundation of the improvement of the punishment.Considering the existing academic point of view, advanced experience of other countries and Chinese ancient tradition, the author believe that there are three ways to improve the legislation of offence of intentional killing: the way to increase the charges, the way to quantize Circumstances and the compounded way. All the three ways can accomplish the aim of improvement of legislation, merely the specific methods are different. The way to increase the charges make the Offence of intentional killing become many new different charges. The way to quantize Circumstances defines the circumstances of offence of intentional killing as clear regulations. The compounded way has both at the same time. |
