Analysis And Ponderation On A Accident

The case discussed is a real case that the author experienced in 2004, when working at the investigation supervision department of a procuratorial organ. Facts of the case as well as the identity of the criminal suspect and the victim involved therein are relatively special. The case exerted a major social impact at that time. The personnel of said investigation supervision department made repeated discussion, in the process of examination and approval of arrest, with respect to whether the act of the criminal suspect in the case in question constituted a crime, and what crime was committed. Moreover, they reported the case to relevant procuratorial organs at higher levels for instructions. Finally, the case was determined as an "accident". Qualitative decision of the case is in contravention of the value of law, i.e. safeguarding fairness and justness, and the people's simple sense of justice, which evoked great repercussions in the society. This case has been lingering for years in the author's mind.As the years went by, the author occasionally read in the newspapers the occurrence of and related comments on similar cases, but such comments were quite different. Additionally, on the basis of legal knowledge accumulated over years through constant learning and exploration, the author now is to make an analysis of and think over such case once again in terms of judicial practice and legislation study, with a view to offering a help to readers when they encounter such cases in the future. This dissertation consists of the following parts:As regards Part One, the author will, after an introduction of basic facts, handling links, arguments of the parties concerned and focus of controversy, put forth some questions:How to identify judicially the act of the person who causes another person being chased by him to suicide.In Part two, the author will analyze the issues in relation to this case by means of inductive reasoning and comparative analysis.In regard to Part Three, the author will employ the method of empirical analysis to make a comprehensive legal analysis of a variety of controversial views on the case, and point out which point of view is right or not right, criminal charges involved in this case, and how to determine the nature of and deal with this case.Finally in Part Four, the author will, on the basis of the analysis on the criminal liability of the person who chases another one and causes such person to suicide, explore such cases from the perspectives of criminal legislation and judicial practice by means of legislative comparison and theoretical analysis.Through the interpretation of the present case, and the analysis of nature of crime, legal interests protected by the Criminal Law, causality in terms of the Criminal Law, principle of a legally prescribed punishment for a specified crime, and amplified interpretation, the author will further clearly differentiate accidents, negligence causing death, crimes of stirring up fights and causing trouble, and intentional injury, and indirectly intentional murder, so as to ensure that judicial organs are able to handle cases in future judicial practice in a fair, just and timely manner, also make contribution to further improvement of relevant legislation, and try hard to offer some valuable theoretical basis and reference for decision-making with respect to the handling of such cases by China's judicial organs.