Research On Causative Potency Of Medical Behavior In The Intentional Injury Case's Death Investigation

Intentional injury is the act of intentionally harming the health of another person,intentional infliction of bodily injury resulting in a person's death is the result-aggravated crime of intentional injury,If other intervention factors that may affect the legal causality between the injury and the death result get involved,conviction and sentencing will be difficult in judicial practice.This study will discuss from legal and forensic expertise facts to solve the conviction and sentencing problem that medical behavior is the intervening factor which get involved in the case of intentional infliction of bodily injury resulting in a person's death.In this kind of cases,victims often do not die immediately after they are injured,the death occurs during or after treatment in the hospital,At this time,if the medical treatment is ineffective,wrong or not timely,we should discuss whether and how this medical behavior exert influence on the judicial conviction and sentencing.In such cases,judicial organs will often entrust forensic expertise institution or medical associations to appraise the causality and participation between medical behaviors and death outcomes,and determine whether medical behaviors can block the legal causality between injury behaviors and death outcomes according to the forensic conclusions.However,it can be found from many cases that for similar cases,both forensic conclusions and the judgment results are quite different.The reasons for these differences lie in the following: the lack of professionalism and standardization in the evaluation of medical behavior's causative potency in the forensic expertise field,the connection between the judicial practice departments' opinions on the forensic causative potency and the legal causality,and the lack of theoretical consensus on its application in the conviction and sentencing.Therefore,this paper focuses on the forensic expertise field to discuss and research these problems,then give some recommendations to legal application.This study is divided into four chapters.The first chapter describes the relevant concepts and constitutive elements of the criminal law of intentional injury causing death,and focuses on the study of the legal causality in its objective elements.Combining with the forensic pathological cause of death identification involved in the case of intentional injury death,in order to explain the significance of the research on causative potency assessment of medical behavior in the cause of death identification.The second chapter research on the relevant concept and characteristic on the causative potency assessment of medical behavior in the cause of death identification,this chapter begin from the relevant concept,further discuss in the causative potency assessment's composition and professional,startup,relevant materials examination and the analysis and explanation of expertise opinions.The third chapter analyzes the assessment method to assess causative potency,first analysis from the direct cause of death and ensure the factual causality between damage behavior and medical behavior to the death result.And then evaluate damage behavior and medical behavior separately,according to their respective effect in death's occurrence and development,came out the opinions of the causative potency assessment.The fourth chapter is the summary of causative potency assessment,and puts forward personal opinions on the possible differences and related issues in the assessment methods and assessment opinions.Finally,the significance of the opinions on causative potency assessment of medical behavior in judicial practice is discussed.