On The Legislation Of "Causing Death" In Our Criminal Law

The fault of "causing death" in our criminal law does not only cause the disputing during the academic field, but also cause chaos of judicial practice. But there are only a few scholars has studied this problem. Therefore, analyzing this legislation phenomenon has its own theoretical value and practical significance. I think we need to study deeply the "causing death" in our criminal law, find out its imperfect, use the lesson of relation law of foreign countries and the criminal theory to perfect our law. For this aim, first, I have summarized and analyzed the legislation of causing death of criminal law our country and some representing foreign countries in order to have a whole look of the legislation and prepare for the following discussing. Second, analyzing the legislation of causing death in our criminal law deeply by the controversy between theorists and concerning theory from four aspects on the basis of knowing of such legislation in and out of China, which are subjective sin, conduct target, the causality and the regulation of the penalty. During this process, I will clarify some criminal theory problem and find out the imperfect of this legislation. Third, talking about the need of perfecting this legislation through combining the fault of it from two aspects, which are the principle of a legally prescribed punishment for a specified crime and the principle of suiting punishment to crime and criminal responsibility. In the end, concrete perfecting thinking will be given.