On The "Minor Circumstances" Of Intentional Homicide

Based on the complexity of homicide acts and in order to realize the principle of the compatibility of crime and punishment,on the basis of the Basic Law stipulating the crime of intentional homicide,the criminal Law also stipulates that those who commit intentional homicide in light circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.The general clause of "light circumstances" is obviously beneficial for judges to realize flexible sentencing in judicial practice.Although the general clause is conducive to the judicial practice to achieve the adaptation of crime and punishment in different situations,the abstract nature of the content of the general clause will inevitably lead to the false position of the crime in judicial practice,or a large number of abuse.This requires the "lesser circumstances" to be specific.This paper intends to use the hermeneutic principle to clarify its entity connotation,construct specific subtypes and explore the relationship between them and the general leniency clause.The text of this article is divided into three chapters,the full text is about 40,000 words,of which the text is about 38,000 words.Chapter 1: Asking QuestionsThis chapter intends to raise questions from two aspects: the confusion of the application of "lighter circumstances" in judicial practice and the different understandings of its subtypes in criminal law theory.As we all know,the same judgment in the same case is an inherent meaning of justice.However,there is a phenomenon of different judgments for the same case in the application of "lighter circumstances" in judicial practice.This phenomenon of different judgments in the same case can be roughly manifested in three ways.They are different courts have different judgments on whether the same case belongs to "minor circumstances"intentional homicide,different courts have disagreements on the specific types of "minor circumstances",and different courts have differences on whether similar cases "There is an imbalance in sentencing.Theory is born to solve practical problems.However,without thinking about the substantive connotation of "lighter circumstances",the theory of criminal law analyzes the subtypes of "lighter circumstances" like building a castle in the air,which will inevitably lead to the theory of criminal law becoming groundless.This chapter raises the questions on the basis of reflection on practice and theory.Chapter Two: The Substantial Connotation and Concretion of "Lighter Circumstances"This chapter first intends to demonstrate that the essence of crime is lawlessness and responsibility on the basis of reflecting on the view that the essence of crime is social harm,and secondly,it clarifies the essential basis for the lighter punishment of intentional homicide compared with the basic crime.It is a reduction of lawlessness and responsibility.Guided by the substantive basis again,the specific sub-principle of "lighter circumstances" is constructed.Finally,under the guidance of these principles,"light plot" is concretized into various subtypes.Chapter Three: The relationship between "lesser circumstances" and the lenient clause in the General ProvisionsThis chapter intends to explore the applicable rules of the law between the "lighter circumstances" and the lenient clauses of the general provisions.First,analyze whether the behavior may be identified as "lighter circumstances" on the basis of the lenient clauses in the general provisions.If so,then explore the applicable rules of the legal provisions.