The Predicament And Solution Of Judicial Determination Of Death In The Special Provisions Of Criminal Law

China’s criminal law has 33 articles on the objective consequences of “Causing Death”.Scrolling through these provisions,the "killing" clause is widely scattered.In practice,due to the ambiguity of the specific application standard of the clause "causing death" in legislation,there are problems of subjective guilt and difficulty in identifying the object of "causing death".In different cases of the same nature,whether the subjective crime of "causing death" is intentional or negligent,and its object is the victim or the third party,these problems lead to the deviation in the application of the "causing death" clause by judicial organs.At the present stage,the academic research on "causing death" focuses on a crime,such as the situation of running away from the crime of traffic accident causing death.Regrettably,there are very few articles that have analysand "causing death" as a whole and found correlations between the different clauses.On the basis of sorting out the provisions of "causing death to a person",this paper adopts the way of categorization to make clear the crime and object of each type of "causing death",in an effort to solve the identification dilemma in the current judicial practice.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is the judicial dilemma of "causing death" in the special provisions of criminal law.This part of the judicial practice on the occurrence of the crime of "causing death" and the plight of the object identification,the plight of the judicial identification leads to different local judicial organs in dealing with the same nature of the case,there is a situation of inconsistent identification.In practice,the determination dilemma is easy to form the judicial chaos of unbalanced crime and punishment for the perpetrator and different punishment for the same crime,which violates the basic principle of statutory crime and punishment and adaption of crime and punishment.The second part analyzes the causes of the judicial dilemma of "causing death" in the special provisions of criminal law.The reasons for the judicial dilemma of "causing death" are mufti-layered,including the normative reasons and the applicable reasons.First of all,the word "death" has rich semantic meaning.Secondly,China’s legislation does not clearly stipulate the subjective crime and object of "causing death",and the absence of legislation is the fundamental cause of judicial chaos.Finally,there is little research on "causing death" in the field of criminal law,which leads to the lack of theoretical support for reference in the specific application of laws by judicial personnel.The third part is the classification of "causing death" in the special provisions of criminal law.This part provides a new way to solve the judicial dilemma,that is,to define the subjective fault and the object on the basis of categorization.Taking the type of legislation as the standard,this paper summarizes all the provisions of "causing death" in the special provisions of criminal law.In China,"causing death" is mainly defined as an aggravated consequential offense,among which there are consequential offense and transformed offense,etc.In this way,we find the logic of the legislative provisions on "causing death" in the criminal law,and make the subjective crime and object of "causing death" clear from each type,which is a new way to solve the problem.The fourth part is the solution of the dilemma of "causing death" in the special provisions of criminal law.Based on the categorization of "causing death" clause,the subjective guilt and object of each type of "causing death" are determined.Specifically speaking: First,the subjective of consequential offense is fault,and the object is non-specific public;Secondly,the offense that belongs to the consequential aggravation regulation is intentional,negligent or intentional and negligent,and the object has specific and unspecific circumstances;Thirdly,the transgression which belongs to the regulation of transforming crime is intentional and the object is also the specific victim;Fourth,in other provisions,special provisions,attention provisions,several crimes combined punishment provisions of the crime is intentional,special provisions and several crimes combined punishment provisions of the object for the specific victim,attention provisions of the object is not specific to the public.By clarifying the subjective crime and object of each type of "causing death",this paper tries to solve the practical dilemma in the judicial application of "causing death" clause in the special provisions of criminal law,in order to open a new way of thinking for judicial practice.