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The Causal Relationship Between Intentional Injury And Death

Posted on:2018-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z FuFull Text:PDF
GTID:2356330542484091Subject:Law
Abstract/Summary:PDF Full Text Request
Of intentional injury causing death causation of typical and important significance:from the micro perspective,to clarify the causation of intentional injury deadly can make clear understanding about the concept and definition,and with similar concept to distinguish,which can be extremely important;From a macro perspective,to intentionally hurt deadly reflection of causal relationship with the construction is the further enrich and perfect the theory of the causality of intentional injury deadly are necessary causality judgement.In "the previous research model,a single perspective is the defect of its research,which leads to the weakness of the theory's interpretation of reality.In this paper,a single point of view is broken,and the causal relationship between intentional injury and death is determined by the ideal type.Intentional injury death cases by the standard of the ideal type of subjectivity from the dimension of subjective and objective two,from the subjective perspective,it can be divided into positive and negative intentionally,intentionally from an objective perspective,it can be divided into direct and indirect death death.Thus,there are four types of intentional injury to death:intentional intentional direct death,positive intentional reference to death,,negative intentional direct,death,negative intentional indirect death.There are four types of causation.In order to compensate for the over-broad defect of the causality,this paper added the subjective dimension.Positive result directly intentionally death type is subjective behavior person has deliberately attack,objectively the' offender's behavior as the sole or directly led to the death of the victim,the elements of the subjective and objective,the result of the behavior of the person and the victim death constitute intentional injury death causation.Negative result directly intentionally death types of causality is the subjective behavior person has the negative damage deliberately,objective behavior person of dangerous behavior enough also prompt the victim death the happening of the result,according to a person to harm behavior is the relationship between the victim death results,actor's behavior resulted in the death of the victim,on the subjective and objective dimension satisfied with the results of death causation.Positive indirect death is intentionally caused the subjective behavior person have positive damage deliberately,objectively coupled with other factors,such as the offender's behavior prompted the victim death results,in the subjective and objective,the behavior of the actor constitute intentional injury death causation.Negative type of causality is intentionally caused indirect death is intentionally subjective behavior person has the negative,objective behavior person of dangerous behavior also is indispensable factors,prompted the victim death,of course,other factors are also the victim of death plays an important role in the process,the subjective behavior person have negative damage deliberately,objectively to harmful behavior.In subjective and objective,the behavior of the actor and the death of the victim constitute the causality of intentional injury to death.After clarifying the causality of each type,we apply it to the practice and explain the typical cases,thus proving the rationality of the theory.At the same time,it emphasizes the importance of the ideal type methodology.
Keywords/Search Tags:Intentional injury to death, Causality, Ideal type
PDF Full Text Request
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