Research On "causing Death" In Chinese Criminal Law

There are a lot of clauses and charges in Chinese criminal law,and the legislative provisions are complicated and chaotic.The current theoretical research concentrates on the research of the death results in a single crime.The systematic classification research is less and more from legislation technical analysis,did not touch the connotation and nature of the “cause death”.Therefore,it is of great theoretical and practical significance to systematically and classify research it.Its theoretical significance lies in the analysis of the different normative nature of the “death cause” to solve the confusion in theory,to explore its legislative basis and inherent law,to provide the premise and basis for further improvement of the problem.At the same time,the theoretical chaos reflected in the judicial practice will bring the difficulties in the process of conviction and sentencing.The purpose of the paper is not only combing the theoretical confusion,but also hope to help solve the problem that the principle of punishment related to “death cause” in the judicial practice,making the its conviction and sentencing more scientific and reasonable.In addition to the introduction and conclusion,the full text is divided into four parts,about 38,000 words,the main contents are as follows:The first part mainly discusses the legislative evolution of “death cause” in Chinese criminal law.This article makes a comparative study on the provisions of the 1979 Criminal Law and the 1997 Criminal Law from different aspects such as the form of the law,normative value and normative nature.The new Criminal law has made great progress in legislation clarity and scientificity.However,due to the sharp increase in the number,the confusion of arrangement system and normative nature inevitably arises,and accordingly the punishment principle is not uniform.At the same time,this part establishes a premise and foundation for the following discussion.The second part analyzes the basic problem of “death cause”.First of all,the paper discussed the casual relationship of the “death cause”case.As a result of the harm caused by death,there must be a causal relationship between the criminal act and the act of harm.This paper holds a theory that considerable causality,and the judgment of “considerable” should be determined by common sense.Secondly,since most of the clause does not specify the object of death,and the determination of it for the jugement of crime and non-crime,a crime and several crimes is essential.In this paper,the determination of the objects should follow two criteria: one is the infringement of legal interests and the other is the identity of legal interests.In the third part,the author discusses the “cause death” of different normative nature.According to the normative nature,the case of “cause death” in our criminal law can be divided into five categories: one is the aggravated offense “cause death”,through the analysis of the conception and nature of it,the subjective forms of aggravated results are clarified,and the problems of caused death in the legislative and judicial application.The second is the transformation of “death cause”,although involving a small amount of crime,but due to the theoretical study of the lack of making the relevant charges of judicial identification there is a big problem,especially for the transformation of intentional lack of,contrary to the principle of subjective and objective unified,there is an objective guilty of suspected.Thirdly,the aggravated circumstances “cause death”.Because of the ambiguity of the “circumstances” and the uncertainty of the connotation,this legislative pattern is less stipulated.However,there are more cases combined the aggravated offense and aggravated circumstances in criminal law.Because there is essential difference between them,the two side by side provisions of the legality of the principle of clarity,not conducive to the crime of identification,it is necessary to be improved.Fourth,the results committed type “cause death”.Fifthly,according to the situation of the combination of several crimes,the latter two problems are few,this article will not elaborate.At the same time,through the substantive analysis and comparative study of the normative nature of the different articles of “death cause”,the paper explores the legislative basis of different normative nature and puts forward the problems in legislation and judicature.The fourth part puts forward some suggestions for our criminal law.On the basis of the previous discussion,the author puts forward the concrete measures to perfect the “death cause” case in our criminal law.First,the specific object of death,according to the scope of death of objects to take a different form of expression;Second,respectively the different harm results that reflect to the legal interests and the allocation of statutory punishment;Third,the subjective forms of guilt are limited to negligence in the aggravated offense,and in the case of willfulness,respectively.And different statutory penalties are assigned to intentional and negligent acts.At the same time,through the subjective and objective restrictions on the scope of the establishment of aggravated offense.Fourth,the transformation of the crime type “cause death” must be added in theory and practice for the transformation of content that is deliberately transformed to adapt to the unity of subjective and objective principles.