The difference between murder:
1, the crime of first-degree murder generally has the following types: premeditated murder, most people die due to negligence.
Killing in the course of committing other felonies, such as arson, rape, robbery, burglary and kidnapping.
2. Generally, there are the following types in second-degree murder: attempted murder without prior planning and careful consideration.
Murder with the intention of seriously injuring others and causing death.
Murder that erodes emotions.
Felony murder committed in the process of committing other non-specific felonies (such as abortion, theft, etc.). Except rape, robbery, arson and burglary.
Murder is a common law crime.
That is, if a person is intentionally killed illegally by others in any way, or dies after being seriously injured, it constitutes a crime.
The right to life is the basis for exercising all rights, and once it is lost, it cannot be restored.
The crime of homicide is one of the most serious criminal offences in all common law countries, and the highest legal penalty for this crime is the highest penalty allowed by the criminal law of this country (such as death penalty, life imprisonment or legal maximum sentence).
According to American law, first-degree murder refers to murder under special circumstances, such as police, judges, government officials, firefighters, witnesses, multiple murders, torture or extremely disgusting murders. It is worth noting that ordinary premeditated murder that does not involve the above situation does not belong to first-degree murder; Poisoning and ambush are not murder in the first degree.
First-degree murder in American law is similar to direct intentional homicide in China law. The punishment for first-degree murder is the heaviest.
Second-degreemurder refers to intentional homicide (here refers to the actor's own understanding of his own killing behavior, not the so-called "want" intention), and his killing behavior is not premeditated, planned or out of indignation. The death result is caused by the actor's dangerous behavior, and the actor has obvious negligence in his dangerous behavior. The main difference between first-degree murder and second-degree murder lies in whether there is intent to kill and whether there is premeditated murder.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 234 of the Criminal Law of People's Republic of China (PRC)
Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Where there are other provisions in this Law, such provisions shall prevail.