Qualitative Research On The Death Cases Of Special Physical Constitution

In daily life, the case that the behavior person carry out mild violence to lead to the death of special physical person is increasing day by day,because there is no uniform standard and operation standard for the conviction and punishment of such cases and the relevant theoretical research is not mature, finally,which lead to the dissimilar verdiction in the same kind case happen in judicial practice.Not only the results of the various regions of the decision is not the same, even in the same regions, similar cases also appear different judgment results and different qualitative.,the same cases appear different judgment phenomenon prominent. Compared with the common and frequent violent crime cases, the case itself has its own particularity. Research on the qualitative of such cases has great research value and great practical significance.In this paper, in the form of case studies, in-depth analysis of Li Weijun, Li Hongjun intentional injury this typical case, summed up the special physical cause the death occurred during the hearing difficulties and disputes, discuss qualitative issues caused by special physical death. The primary factors affecting the qualitative case is whether the causal relationship between the behavior of the perpetrator and the the victim’s death, Through the analysis of the theory of causality, such as the Condition theory, the Quite causality theory,the Accidental causality theory,the Inevitable causality theory and so on, to explore whether the causal relationship between the behavior of the perpetrator and the the victim’s death under the condition that the victim as a special physical. However determined the existence of a causal relationship does not necessarily requires that the perpetrator of criminal responsibility, but also need to look at the behavior of persons who combat, subjective state of mind. The subjective mental state is divided into intentional, negligent and unforeseen.Due to the subjective mental state of a person’s inner acticities,abstract, it can only be judged by the behavior of people and their culture of external behavior and other factors, So it is difficult and complicated to identifythe subjective cognizance of the perpetrator’s in the judicial practice.This is not only an important factor affecting the qualitative of the case, but also one of the difficulties encountered in the process of trial. These two factors directly determine the accusations of the case. In the end,the author of qualitative and dealing with such cases of the case put forward their own proposals.