Death Of People, In The Criminal Law

About the "causing death," almost all countries in the Criminal Law have the related legislation to stipulate, but due to the differences in legal and cultural traditions and theoretical research,the respective stipulation also has the various differences.Looking from the theoretical study of the development trend, the current research of my country on"causing death" still has the fault of not enough comprehensive,and only on some crime in cirminal law minute and rare system discussed.For the same offence "causing death," there are still many different understandings and viewsin the educational world, resulting in a lot of doctrinal disputes and the confusions in judiciary apply .In view of this,the article sends to do a system elaboration on the "causing death" of our criminal law , in order to make the academic circle and the practical's realm to this question's attention and the discussion, then enrich our country's criminal law theory and consummate our country's legislation on "causing death".Except the introduction and conclusion,there are three parts and about 33,000 words.The first part academically analyzes all types of "causing death" in the Criminal Law of China.Firstly, the author summarizes all kinds of Legislation Phenomenon in current Criminal Law of China, trying to replace those ambigous words in the Criminal Law of 1979, the Legislative stipulation of the "causing death" in the New Criminal Law is of Criminal Jurisprudence value. Secondly, the author divides the types of the "causing death" in detail from six Perspectives to lay the theretically foundation for the systematically macro grasp of the "causing death" in the Criminal Law of China.The second part discusses the shortcomings present in the Criminal Law of China. The author discusses the theretical sprit of " letting the thousand flowers bloomning", the existing problems of the concret Criminal Law and the disputes in the practices only to find that the main reasons for the theretical and practical disputations are the unreasonable statutory sentence in the Criminal Law of China, the undefined offence form , the mutual contradictions of the part legal provisions.The third part proposes the perfect conceptions of the author about the "causing death" in the Criminal Law of China in view of the shortcomings mentioned above, as well as being the ink drafting point of the paper. Firstly, the authors introduces the the Legislative stipulation of the "causing death" in both the Mainland law system and the American-British Law system to put forward the reference experiences for China. And then according to the national conditions , audaciously envisions the legislative style, concrete modification of the clauses of the Criminal Law, Criminal Penalty , and the problems noted in the Legal pratices to look forward to doing some contribution to the criminal theories and practices in china.