Criminal Law and Homicide in China

Criminal Law and Homicide in China

The criminal law of the People’s Republic of China was enacted on 1 July 1979. It provides the guidelines under which acts of crime are defined, prosecuted, and punished to protect the society from harm. An act qualifies to be a crime if it endangers the public with major consequences; otherwise, it remains to be an unlawful act. An act calls for criminal punishment only if it meets the criteria for being a criminal offense and not because it causes harm to the society (Net Industries, 2017). Homicides, including murder and manslaughter, are criminal offenses that are punishable in accordance with criminal law; however, legal homicides are not punishable.

Murder is a criminal offense since it is committed with intent and premeditation; therefore, it is punishable in accordance with criminal law. For instance, an intentional crime is committed by an individual who understands that the consequences of the act are harmful to the society. This is a criminal offense and falls under a first-degree murder in accordance with the law (Congressional – Executive Commission on China). Moreover, if there were no prior plans to kill but the offender had the motive to cause harm to the victim, the act still qualifies to be a criminal offense, but it is referred to as second-degree murder (FindLaw, 2017). In most countries, punishment for such a crime is a death sentence or life imprisonment.

Manslaughter falls under criminal offenses in the criminal laws of China. It refers to involuntary killing where the offender did not premeditate or have a motive for killing but still caused the demise of the victim through careless or criminal negligence (FindLaw, 2017). In this case, the offender understands that his or her actions may lead to harmful consequences on the society; and therefore, has a criminal responsibility. Similar to murder, the most common punishment for manslaughter in most states is a death sentence or life imprisonment. Accidents or killings caused by reckless or drunk driving fall under negligent crimes and are punishable depending on the law provisions in a country. In addition, killings resulting from a heat of passion are classified into manslaughter and are punishable as such.

Actions that are classified as legal homicides are not criminal acts in relation to the criminal law. For example, an activity that results in harm to the society due to unpredictable causes does not qualify to be a criminal offense (Congressional – Executive Commission on China). Furthermore, certain homicides do not fall under criminal laws in relation to murder or manslaughter since they are justifiable. Homicides are justifiable if there exists adequate evidence to prove without reasonable doubt that the victim posed a considerable threat to life or the well-being of the perpetrator. Examples are homicides committed in self-defense or defense of another citizen. They are justified because the law allows a citizen to defend him or herself even to the extent of killing against murder, rape, or armed theft on oneself (FindLaw, 2017).

Criminal law provides the criteria for protecting the society from harmful consequences resulting from criminal offenses.  Homicides such as murder and manslaughter are regarded as criminal offenses that are punishable in accordance with the law. These offenses comprise either or both elements of premeditation and motive to kill the victim. In addition, the punishment for offenders of these types of homicides is a death sentence or life imprisonment. However, legal homicide lacks both the premeditation and motive to kill; therefore, it is not punishable because it is not perceived as a criminal offense even though it results in the death of the victim.

References

Congressional – Executive Commission on China. (N.d.). Criminal law of the People’s Republic of China. Retrieved from https://www.cecc.gov/resources/legal-provisions/criminal-law-of-the-peoples-republic-of-china#Chapter II.1.

FindLaw. (2017). Homicide definition. Retrieved from http://criminal.findlaw.com/criminal-charges/homicide-definition.html.

Net Industries. (2017). Comparative criminal law and enforcement: China – Concept of crime. Retrieved from http://law.jrank.org/pages/643/Comparative-Criminal-Law-Enforcement-China-Concept-crime.html.