Research On Judicial Identification Of Death Cases Caused By Minor Violence

In recent years,the case of one party’s death has attracted more and more public attention due to the conflict between strangers,neighborhood disputes and other reasons,which led to the implementation of slight violence such as pushing and beating by one party.In judicial decisions,the judicial organs often identify it as the crime of intentional injury,the crime of negligent death,and individual cases are also identified as the crime of intentional homicide.It can be seen that there are great differences in conviction and sentencing in such cases.This paper will use the method of case analysis to analyze and study such cases.This paper will be divided into the following three parts:In the first part,by reading the sample cases collected in China judicial documents network,the author makes statistics on the behavior modes involved and the causes of the victim’s death.At the same time,the author also makes statistics on the qualitative judgment results and judgment logic of the judicial organ.In the second part,by analyzing the sample cases,the author explores the embarrassment and dilemma of this kind of cases in judicial recognition.Through comparative analysis,there are improper identification of minor violence,different identification standards of causality and abstract identification of negligence in the judicial identification of death cases caused by minor violence.The third part is the perfection of the judicial identification of death cases caused by minor violence.Firstly,in view of the neglect of minor violence,the author defines minor violence from the concept of minor violence,then clarifies the infringement of legal interests and the conformity of constituent elements of minor violence from the perspective of the implementation of minor violence,and finally discriminates the difference between minor violence and injurious behavior.Secondly,in the aspect of causality identification,the author believes that the objective imputation theory should be used to identify the causality in this case.It is difficult to distinguish between the theory of subjective negligence and the theory of subjective negligence.Finally,it is difficult to distinguish between the theory of subjective negligence and the theory of subjective negligence.