Analysis Of The Case Of Jiang’s Involuntary Manslaughter

In the judicial practice, General beating behavior deadly casees producequalitative controversy easily. In this paper, Jiang beating general behavior led to thedeath of Yang real cases, the court he judges that the behavior Jiang intended harmblame (cause death), shall be sentenced to fixed-term imprisonment of Jiangsentenced to ten years, Jiang disaffected, appeal; The second instance court trial afteradjudged, identified Jiang behavior constitutes deaths of negligence, Jiang sentencedto imprisonment for three years. Two levels of the court appeared in the process offour processing opinion, namely Jiang behavior may constitute a deliberately hurtdeadly sin, negligence, the deaths of negligence injury accidents or sin wasestablished. This paper makes a comprehensive analysis to the case facts, decidedJiang behavior of the deaths of negligence, full text is divided into three parts:The first part is general cases, including the cause of the case, the main problems,and disposal four parts. The case of the accused confessed to the victim Jiang Yangimplemented slapped, forced down bicycle, kick the body and violence, Yanksbehavior causes the Yang head on death. I. the first-instance court ascertained that thebehavior Jiang intended harm blame (to death), the second instance court Jiang thatthe act constitutes a negligence death, two level court appear when intended harmblame (to death), negligence, the deaths of negligence injury, accident sin fourtreatments. The second part is law analysis, including hurt the cause of death was establishedconditions and negligence of death was founded two conditions of every part,combined with the case facts case review. Hurt the cause of death and negligence ofthe difference lies in the deaths of objectively whether there is "damage behavior" andwhether there are subjective "damage deliberately", the first part of the truth of thecase analysis, determination of the Jiang violence behavior does not belong to"damage behavior", subjectively, there is no "damage deliberately", Jiang behaviordoes not constitute a deliberate assault (to death). Negligence include neglect thefaults of the death and too confident negligence, neglect the faults of the act hadforeseen requirements obligations and foresight, the second part of the objectiveenvironment and Jiang through the subjective conditions that exist Jiang analysis tothe fault of the careless, its behavior deaths of negligence, not constitute a negligenceinjury sin, and was not an accident.The third part is the referee evaluation, including three aspects. I. thefirst-instance court ascertained that the first part of the analysis of the "damagedeliberately reasoning process", its reasoning argue not fully, the argument is notclose logic; The second part of the analysis of the second instance court denying"damage deliberately" process of reasoning, think that the trial of the tight logic,reasons things out the full, and the third part of the second instance court reviews thequalitative case, namely the behavior that Jiang deaths of negligence, the secondinstance court qualitative accurate, conform to the case facts.