Research On The Case Of The Victim’s Death Induced By The Special Physique

In the judicial practice,Because of the quarrel, pulling or mild beating behavior factors to induce the victim within disease,Ledding to the death of the victim’s proportion is small but it is not rare case,And with the development of social economy, the improvement of people’s living standard, the rising incidence of hypertension, coronary heart disease and other disease of heart head blood-vessel, such cases rate is higher and higher.Due to the theory and practice of criminal law causality, and the aggravated consequential offense should foresee standards related to the understanding of the theory of no agreement, combined with the practice in the case of dealing with some problems, for such cases is controversial in the criterions for the conviction, sentence differences,Not only the different parts of the verdict, even in the same province or the same city, similar cases’ sentences are also quite different.Due to the development of such cases are special combined with the practice of the problems existing in the criterions for the conviction, people’s attention becomes more and more high, more and more scholars discuss such cases.This paper on the basis of existing research by combining theory and practice aspects, to publish my own shallow view on the theory of the issues involved, and tried to make ecommendations on the problems in practice, to analyze the proper settlement of such cases.The first part is thinking on the phenomenon of different codefendant,First of all, this paper will explain why in this paper with "induced" instead of”to”,the scholars often used,then in four cases to illustrate the existence of this kind of case handling problems:similar cases in different regions of different decision results,the same case court decision of two different results,the procuratorate’s view of the same case didn’t agree with the court.These three kinds of problems reflect the practitioners in dealing with such cases, the standard of conviction and sentencing of mastering unity.The second part is the overview of the victim’s death cases induced by special physique. The part of the divided into two parts, the former part summarizes the related concepts in such cases,mainly include(1) the definition of special physical fitness, to explain the reasons withspecial physical and do not use the idiosyncrasy of the common,(2) feature in such cases:the relationship between offenders and victims of various types, the fuse for the daily chores and more cases;the majority of cases the perpetrator behavior lack of premeditation, no degree of violence or lower, under normal circumstances do not cause minor injuries to the victim and the above consequences; cause of death to the victim is the victim himself with fatal diseases or organ pathological changes; behavior person to the victim disease knowing degree is low.(3) The classification of such cases: death, abuse victim seizures induce quarrel; physical act of victim seizures induce death, this is also divided into three classes:the pushing, pulling the victim behavior such as seizures induce death; the beating victim behavior induces seizures death; the tussle, beaten to death inducing disease attack victim.The next part by the method of case study, form study method, the processing present situation elaboration of such cases(qualitative status and sentencing status).The third part is the analysis of the theory root evoked special constitution of the victim’s death sentencing dispute. The first is the two big legal systems and the theory circle of our country’s criminal law theory of causation is discussed; secondly, adding the result of different theories exist repeating nature of the theory to be introduced; finally is to analyze the subjective guilty of controversy, mainly introduceing the judgment standard of the foreseen, the judgment standard and the ability to foresee foreseeable obligations and their relationshipThe fourth part is the analysis of the root of the victim’s death induced by practice special constitution of qualitative case sentencing dispute. Including: practitioners to master standards are inconsistent in the causality of criminal law, the aggregated consequential offense, the sin problem of people; partial cases to identify the perpetrator subjective offence to collect evidence is not sufficient, resulting in qualitative for the cases existing controversial; the discretionary circumstances of sentencing application is not standardized; practice departments affected by the extra legal factors, sometimes difficultly to make the treatment completely adhere to the lawThe fifth part is the suggestions to solve the conviction and sentencing issues of the case induced by the special constitution of the victim’s death. From three aspects of theory, practiceand other suggestions.The Theory Advice is: Theory of causality in criminal law should adopt the said conditions, the nature of aggravated consequence crime should adopt the risk said, the subjective crime cognizance standard should be the unification of subjective and objective said.The Practical suggestions including: the key to collect and verify the evidence of relevant behavior of human subjective guilty, the experting opinion has to make identificationon the level of direct trauma, in the case’s process, the judicial organ must always maintain the independence,to hand the case in strict accordance with the law.Other suggestions including the application of the criminal reconciliation system, the implementation of judicial compensation system, increasing state labor compensation as a means of implementation, strengthening the verdict reasoning.This paper’s aim is to analyze the special constitution of cases induced by the victim, integration of the two aspects of theory and practice, tries to solve this kind of case is more properly, the realization of this kind of case law and society in a double sense closed, putting forward some superficial view, in order to throw away a brick in order to get a gem on these cases’ revelotion.