Friday, April 29, 2011

killing the means and its consequences

Medicine home after a hit-and-run, the to zhang wonderful even tong eight knife (a say six knife), caused the died on the spot. Driving escape, and even hit two, by others stop forcing. In the police about the first two hit-and-run interrogation, medicine home without confessed their kill the facts. After three days, accompanied by the family home, medicine to the police account of the killer facts.Christian Louboutin Evening Sale, According to the medicine home, killing the motive is found account moans, afraid of the victim down the victim after seeing the images, in trouble, then from portable backpack to take his dagger, even tong several knife, the victim to its died on the spot.

From xi an intermediate people's court judge watching the first hearing, the parties to a case of medicine dispute, fact no death penalty for home, whether should the fierce arguments over. Because the court did not attest the sentence, medicine home is live or die, still confusing. From sentencing theory and judicial practice, the following factors may influence see death: the drug house home is medicine of a homicide motivation, killing the means and its consequences; 2 it is the victim of the situation and their families attitude; Three is the existing legal system; Four is our country legal culture tradition; Five is public opinion.
The house from the drug motivation, means, murder, very bad consequences see, cruelty, serious. After a hit-and-run, medicine in the house that the victim not dead, not only for its rescue them, but even tong eight knife, Tory burch outlet the knife knife deadly. In foul murders done, as the killer motivation varied, case differ in thousands ways, so, the murderer not shall die. In this case, medicine made earlier, home of the traffic accident rescue obligation, and the victim has not only he didn't rescue, but both tong victim eight knife, caused the died on the spot. Medicine home xin tong victim one knife can excuse for passion kill, sword stab victim can be strong say two for nervous kill, even tong victim eight knife, can say the FanYi resolutely, has no compassion, completely lost humanity. According to our country criminal law, the principle of self-abidence crimes rather principle, medicine of birth, death, and home xin mainly depends on the crime, crime results and subjective fault. In this case, medicine home at least triple the blame and fault: one is to carry a weapon, reflecting his usual have personal risk. 2 it is not to make mistakes, but murder confession after them, explain the transformation is difficult. Three of the victim is even tong eight knife, caused the died on the spot and explain the homicide means of cruel, FanYi firm, and the consequences are serious. According to China's current law, the court gave medicine home xin turn over a new leaf of opportunity, I'm afraid I still lack the necessary reason.
From our sentencing practice look, if the victim have fault, can reduce the rap. The drug home In this case the victim, but without any wrongdoing by the logic of medicine, the victim's xin, fault in rural areas is the rural people are persistent. If "rural people, very tough" logic can be established, the world what justice? Farmers are China's fundamental, the party and the government will always farmers, rural problems, agricultural problems in the strategic height to think, to value, to care for. Though peasants is weak,Tory Burch Sandals Sale, but he is our country social important class of our country, medicine home xin an important class of social hostile, can explain his subjective vicious big, with antisocial psychological and personality.
In homicide cases, the victim belong to criminal object, crime object generally do not affect qualitative, but the impact of sentencing, belong to examine the discretionary plot. From the victim circumstance looks, she is the mother of two children, parents of children, husband, wife of her body shoulder important family obligations and responsibilities. Medicine of the eight knife, home to the mother and orphaned children lose, let husband no wife, become a widower, let elderly parents lost daughter, a lonely man. Medicine of the eight knife, the house not only caused serious consequences, precipitate extremely grave iniquity, and also make medicine home xin become sin never be forgiven.

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