Not As The Identification Of Intentional Homicide

Criminal acts of intentional homicide is a serious social harm, shall be subject to criminal punishment. Crime can be divided into objective acts and the act of omission are two basic forms. We know that constitute crimes of intentional homicide in most cases is a form, but in everyday life as a way to not constitute a crime of intentional murder also occurs. Not as a way of a criminal act, criminal law theory has traditionally been the focus of the study. Theories around the act of omission, not as a crime as a source of obligations, not as a behavior and the causal relationship between the results and not as a crime and the relationship between the principle of legality, a heated debate. Because they do not as a crime is a very complex issue, and to not act constitutes the crime of intentional murder, whether in theory or in practice, found it all the more difficult. This article is not comprehensive of Criminal Law theory current research results as a crime based on the non-intentional homicide as a special constituent elements, the obligation is not based on premeditated murder, as the general analysis of such a view of the judicial practice of not as an act of Related Crimes way constitute a benefit.Methods in research and writing, to the provisions of the Criminal Law, theory, logic of the excerpts of the case comparison and analysis of case studies 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 from the judicial practice, but practice is the sole criterion for testing truth.Therefore, the article also cited in the theoretical study of a large number of cases, for example through sub-analysis of these related cases, attempting to implement as a way to not define the crime, and using theory to guide practice.In the framework of this writing, in addition to the introduction and conclusion, on the whole consists of four parts. The first part of the related crime of omission by introducing the cases were reviewed on the merits, not as put forward the concept of crime and characteristics, and does not constitute a crime elements and a source of obligations.The second part is characterized not as a crime, combined with intentional homicide of the features and circumstances of a crime, not as a way to make the implementation of the intentional killings, in addition to the general should have four elements constitute a crime, we must also have several special conditions.The third part is not the source duty as a crime and judicial practice in the identification of sources of these obligations, with related cases, not as a crime by the four sources of analysis and comparison of obligations, and strive to come to the implementation of the behavior is not as intentional homicide in judicial practice is how to correctly identified the.The fourth part of the case introduced by the article,combined with relevant theory and theory of the non-intentional homicide conviction and sentencing as a legal analysis. This part of the combination of specific cases, not as careful analysis of the specific circumstances described not as passive actors with intentional homicide in the consistent implementation of behavior is not only constitute intentional homicide, as in this case based on the integrated whole, on the perpetrator does not implement intentional homicide as to analyze and identify, and ultimately to achieve qualitative and accurate, appropriate sentencing.The end part is the conclusion of the article describes and summarizes the issues.