蒋某某致亲生婴儿死亡行为的罪刑研究刑事诉讼法专业论文.docxVIP

1 1 2 2 Abstract Crime of intentional homicide, crime of negligent homicide and crime of abandonment are all the crimes of infringing upon citizens’ personal rights and they are stipulated in the fourth chapter of the China’s Criminal Law. Those three crimes are very common in our daily life, and they are the most important object of being discussed and studied in Judicial Practice. The constitutions of those three crimes have many similarities, what’s more, actions in daily life are also complicated, so it’s hard to judge which one the action belongs to. So it’s necessary to combine action with theoretical analysis when you need to distinguish them. In Judicial Practice, there are lots of spaces in discretion of the Discretionary non-prosecution which comes from the Procuratorate, this situation might have an huge affection on the benefits of criminal suspects. Therefore, it’s also worthy for us to think about how to understand and identify “the circumstances are minor”. In this thesis, through discussing the action which comes from Miss Jiang, whose action leads the death of her biological child , in order to find the boundary among crime of intentional homicide, crime of negligent homicide and crime of abandonment, and then sort out the criteria recognition of “the circumstances are minor”. May the thesis can set an good example of combining theory and practice, and provide some analytic methods for the same cases in the judicial practice. There are six sections in this article, about sixteen thousand words: The first part is sponsored by the case of the death caused by Miss Jiang ’s negligent. The second part is the brief introduction of the case, mainly introduces the situations and the conclusion comes from the Procuratorate. The third part is to introduce two focuses of the case’s controversy, one is the identify of the action comes from Miss Jiang, whose action leads the death of her biological child. There are three basic opinions on it: Miss Jiang constitu