雇凶伤害案件的理论与实践问题研究

雇凶伤害案件是指雇主以提供某种利益为条件雇请他人按照其犯罪意图，实施故意侵害他人身体健康权从而获得约定利益的一种共同犯罪：其法律特征为共同犯罪；事实特征为：犯罪主体身份的特殊性，犯罪动机的多样性，犯罪行为的预谋性、暴力性和隐蔽性。司法实践中对雇凶伤害案件的处理应注意以下几点：雇佣双方在共同犯罪中的性质和作用的认定，实行过限的认定，认识错误的认定，犯罪未完成形态的认定，雇佣双方对承担加重结果责任的认定。

Study on theoretical and practical issues concerning cases of intentional injury by way of employing an employee

Cases of intentional injury by way of employing an employee refers to a complicity in which an employer employs an employee to injure other people intentionally and gain agreed interests according to his guilty intention.Its characteristic of law is complicity and its factual characteristics are the identity of the crime subject's being special,criminal motives' being various and the criminal act's being premeditated,violent and hidden.The following things should be paid attention to in handling such cases in judicial practice:the determination of nature and role of the employer and the employee in complictity,the determination of beyond-action;the determination of one's realizing his or her mistakes,the determination of the form of incomplete crime,the determination of the employer and the employee's bearing the responsibility of aggravating the result of the crime.