Research On The Imputation Of Death Results Of Victims With Special Physique

The death case of the victim with special constitution is different from the general injury death case.Its particularity is that the special physical factors of the victim are added between the injury behavior and the death result,resulting in the original simple injury cases,which are suddenly complicated.Due to the particularity of the case and different understanding of special physical factors,there are obvious phenomena of different judgments in the same case and different reasoning in the handling of such cases in practice.There are many reasons for this phenomenon,but the main reason is the confusion of causality identification.In order to solve the above practical problems,the judicial judges have formed a special response idea of imputation based on the judgment results of the expert opinion of the cause of death.However,under this kind of thinking,the judges will be prompted to solve the problem of imputation with attribution thinking,which will further lead to the confusion of attribution and imputation,the absence of imputation judgment standard and so on.Based on this,through empirical analysis,the author divides the reasons for the confusion of causality determination in such cases into two parts: 1 The referee’s mechanical thinking of determining the result of imputation by the cause and effect of facts;2.Nonstandard application of various causality theories in judicial practice.In view of the confusion in the determination of causality in the death cases of people with special physique and the causes,it is necessary to clearly define the scope of attribution and imputation,form the judgment of attribution at the factual level,evaluate the imputation of results at the normative level,and build a progressive model from the judgment of factual causality to the imputation of objective results,This can solve the problem of unclear attribution and imputation in practice.Furthermore,on the basis of examining the advantages and disadvantages of the existing causality theory and objective imputation theory,the factual causality judgment is carried out based on the condition theory and the expert opinion on the cause of death in judicial practice,which is the screening condition for the judgment of objective result imputation;At the same time,learn from the imputation system built with the concept of "risk" as the core in the objective imputation theory to determine the specific rule benchmark for imputation judgment.Based on this logical thinking from attribution to imputation and the method of clarifying the imputation judgment mode,a set of fine,sequential and operable judgment system from result attribution to result imputation can be formed in the determination of the result attribution of the death case of the victim with special physique,in order to disperse the layers of puzzles in theory and provide help for solving practical problems.