Cognizance Of Subjective Culpability For Example The Case Of Long Cause Culpable Homicide

Crime in criminal law is behavior person and protected by the opposition will dominatethe value of objective conditions in the role of criminal law protecting existence state ofprocess, and the crime as the four elements of the crime of organic unity, the objective aspectsof the performance for the objective harm, objective harm the actor and it is based on the lawof the opposition will (subjective culpability) and form, therefore, subjective depends on thenature of the action of culpability and range, in behavior in the key position, and so, crimemust be defined to subjective culpability, only has the subjective culpability behavior can beconsidered a crime. This article by "Long cause culpable homicide case" for the researchmaterial, based on Chinese "criminal law" the regulation for subjective culpability, and relatedtheory research, combining the characteristics of the case, link theory with practice andfurther discussed in the subjective factors, know culpability factors "knowledge", andknowing the presumed problem. In order to deal with the similar problems in judicial practicecan provide some help.This article are over twenty thousand words, is divided into seven parts:The first part is introduction. Mainly expounds why attention problems and in this paperthe subjective culpability of select material causes and significance.The second part is general case. Introduced emphatically the basic facts, and caseprocessing results, and briefly describes problems, this paper puts forward the case threedisputes focus.The third part focuses on the subjective culpability of the perpetrator of the crime andsubjective evaluation problem. First to subjective culpability "deliberately" and "negligence"for further analysis, clear and simplify the direct and the indirect intentional for intentionally,too confident negligence and carelessness fault of the distinction between, in fact isdistinguishing between subjective factors and the will know in culpability of factors. And then for culpability shall be deemed subjective factors combined with this case to specific analysisbehavior the behavior of the thorn disengaged tong, finally come to apply the rules ofsubjective culpability presumption.The fourth part of main clearly defined display the victim walks the nature of the actionof property. First of all, clear judicial interpretation for theft and robbery of the determination,and then in the earlier part, and on the basis of the search for the person go property theconduct of the subjective analysis of culpability, and, finally, the paper makes acomprehensive from various aspects of the subjective purpose actor theft.The fifth part of the perpetrator is subjective culpability analyzes and change. First of all,mainly from the two aspects to analyze: malignant change and benign change; And thenshows two change may cause of sentencing influence from the subjective and the level ofculpability explain this the reason of the influence.The sixth part is the judge described. A comprehensive analysis on the opinion of thecourt the referee, and in the overall evaluation of the decision of the court.The seventh part is the conclusion. This paper summarizes the research achievements;the judicial authority to deal with the similar is difficult to determine when subjectiveculpability case puts forward related Suggestions.