Study On Qualitative And Sentencing Of Slight Violence Causing Death Behavior

In general, Slight violence won’t lead to serious consequences, but with the influence of other factors, it may lead to death of other people. In judicial practice, there is considerable controversy over the qualitative and sentencing to this kind of behavior. The inside meaning of this behavior generally exclude the possibility that the feasor commits crime of intentional homicide. The controversy over qualitative mainly concentrate on causing death by malicious injury, negligent homicide and causing death by accidental events. On the qualitative of one behavior, the sentencing of the behavior varies a lot. So, in order to deal with such cases, to protect the legal rights and interests of the counterpart, to realize the crime equaling penalty, I think it’s necessary to study these cases to provide a useful reference.This paper takes the case Song Moumou causing death to another person as an example. To the judging disputes in the process of trial, combining the criminal legislation and theory to analyze, I finally find song Moumou constitute negligence crime death,and we should adhere to the principle of lenient punishment in the punishment discretion.This paper is divided into three sections:The first chapter,basic circumstances of the case and the focus of controversy. Introduced on the merits, summed disagreement summary during the trial the prosecution and defense on the qualitative and sentencing minor Song Moumou violence exists, and thus the focus of the case leads to controversy.The second chapter, The legal analysis in this case the focus of controversy. Combined with the facts, using the principles of criminal law and criminal legislation, Song Moumou focus on whether the act constitutes a crime, what constitutes a crime, as well as how to determine the penalties Song Moumou three aspects to analyze. this part mainly introduces the theory of constitution of crime, criminal discretion theory. By the combination of the facts of the case and the theory basis, the author concludes that song Moumou slight violence belongs to the provisions of the criminal law of the people’s Republic of China the harmful behavior and consequence of the death of the victim and exist causality in criminal law, and identified the song Moumou in the subjective existence of sin. On the penalty discretion, the various facts of the case, the quantify the behavior of crime and the sentencing discretion, in order to make the song Moumou penalty to be determined.The third chapter, Legal thinking of the case. Through the analysis of the case, a clear minor violence caused by death cases of thinking and focus, and puts forward some of his own ideas and suggestions according to the provisions of China’s criminal law theory and criminal legislation.