Qualitative Empirical Investigation Of Suicide By Suicide In Illegal Detention

Whether illegal death causes death includes the victim's suicide.The controversy in the theoretical circle is constant.According to the results,the different theories of causality on which the offense is based are divided into comprehensive affirmation,comprehensive negation and partial affirmation.Among them,the comprehensive affirmation is based on the conditional theory,and it is considered that no action is no result.The comprehensive negative theory is represented by the direct element and the objective attribution theory.It is believed that the suicide of the victim directly leads to the death result and has nothing to do with the behavior of the actor.Part of the affirmation is that the theory of causality theory is integrated,and it is believed that regardless of the theory of causality,there is a possibility of affirming or denying the victim's suicide as a result of aggravating the offense.On the basis of clarifying the focus of theoretical controversy,a total of 100 cases of illegal detention of victims in Beijing University were collected,of which 59 were found to be illegally detained and 41 were found to be the basic criminals of illegal detention.The discovery of judicial practice in this type of case,whether qualitative or sentencing,is more confusing.In terms of qualitatively,the strength and cause of illegal detention and the theory of causality used by the court all have different degrees of influence on qualitative.As far as sentencing is concerned,qualitative differences directly lead to huge differences in sentencing,and in some cases,in order to avoid excessive punishment,excessive punishment is imposed on the case,but in reality there is no reasonable basis.In addition,the victim's fault has not been taken seriously in the judicial practice as a sentencing episode.The main reason why qualitative and sentencing is so chaotic is that it is affected by statutory punishment,the degree of closeness between illegal detention and the suicide of the victim is questionable,the theory of causality is out of touch with judicial practice,and the victim's fault exists.In view of this,the author intends to rethink the case of illegal detention of the victim's suicide.In the case of illegal detention of victims of suicide,the theory of causality has its application dilemma.In the end,the author believes that using conditions to solve attribution problems is in line with China's judicial reality.Solvingthe attribution problem is divided into two steps: First,according to the equivalence theory of the condition,the fact of causal relationship between the illegal detention behavior and the victim suicide result is determined.Second,the interruption theory is determined according to the condition to determine the existence between the behavior and the result.Legal causality.After solving the attribution problem,it is also necessary to solve the problem of imputation: from the subjective judgment,the actor has at least faulty results.According to this,the attribution and attribution problems are solved together,and the subjective and objective are unified.This view is based on the advanced theory of Germany and Japan and the results of China's judicial practice,with a view to localizing the German-Japanese theory,better guiding judicial practice,and reducing the same judgment.However,the theoretical viewpoint put forward by the author is inevitably flawed.If we want to solve the qualitative chaos of such cases fundamentally,we should still make certain amendments to the crime of illegal detention from the legislation,and gradually exclude the suicide of the victim from the death of the illegal detention.Become a trend in future legislation and justice.