Analysis On "zhang Mou Death Case" From The Perspective Of The Criminal Law

This paper analyses the cases is the author of2011in Guizhou province XX DistrictPeople’s Procuratorate practice experience in a real case, the case is not complicated, but inthe case of qualitatively different opinions exist, so I will be the case with this form ofanalysis and reflection. In the case of the review prosecution procedure, XX District People’sProcuratorate in order to cases in which the defendant is crime, what constitutes a crime maderepeated discussion, finally the District People’s Procuratorate in" death caused by negligencecrime prosecution," XX District People’s court also ruled by this crime. But the author thinksZhang Mou in this case does not have subjective fault, according to the objective unity ofprinciple does not constitute a crime. This paper from the following four parts:The first part: the case and case. This part briefly introduces the defendant Zhang Mouinduced deaths throughout the process.The second part: the court in this case judgments and controversial points. The court todeath caused by negligence crime decision. In this case there are different views:1.ZhangMou acts constitute a crime of negligence causing death;2.Zhang Mou acts constitute a crimeof causing traffic casualties;3.Zhang Mou acts constitute a crime of major liability accident;4.Zhang Mou behavior is the emergency. In this part briefly expounds the controversial courtdecisions and reason.The third part: in this case is involved in various controversial point of view of the legalanalysis. In this part, the author puts forward his own opinion, namely a behavior is in emergency, and then to a behavior does not constitute negligence causing death, the crime oftraffic accident crime, crime of major liability accident of criminal law on the theory analysis,the main analysis of Zhang Mou death case Zhang Mou behavior does not have subjective ofsin, because in the sin that subjective fault of negligence and a crime from the similarities anddifferences of the subjective fault analysis, Zhang Mou has no carelessness or negligence ofover confidence. In the analysis of Zhang Mou does not constitute the three crimes, the authorfocuses on criminal negligence "negligence" related issues, namely, the ability to foresee andnegligence of the essence of obligation of foresighted, offer the author’s point of view; at theend of the Zhang Mou constituting emergency legal analysis, analysis of emergency concept,features and components element, also on the emergency limit problem and whether it can bedangerous to himself emergency problem in detail and put forward the author views explain.The fourth part: the conclusion. The author thinks:1.Zhang Mou in the death process,does not have the subjective transgression;2when the behavior of the human life benefit bytaking place in the immediate danger, can take the necessary including to sacrifice the lives ofothers legal measures for emergency, namely the author approve of, as long as the necessarylimit, the perpetrator can in order to protect their own life law benefits to sacrifice the lives ofothers benefit emergency, because life is the value of law is not measurable, if people actperformed in hedging limits, should be considered in emergency. So that Zhang Mou behaviorof emergency.