A Study On The Determination Of The Crime Of Death

Deaths caused by negligence is a higher incidence of threatening human rights case type, usually it is easy to judge. But deaths caused by negligence has certain difficulty in judging the offender’s subjective understanding, leading to the behavior confusion between careless and inadvertent negligence,overconfident negligence,accident, indirect intentional, in theory, it is difficult to grasp the similarities and differences between them, and leading to deal with specific case is very difficult in the trial practice. but cases like this are often happening in reality, so it is necessary to deeply analysis and study of these cases.This paper analyses the case that Chen Xiaoqiu and Liu Hao led to the deaths of people because of their negligence.Starting from the perspective of crime constitution, combining with the case, we Carefully study the similarities and differences between careless and inadvertent negligence, overconfident negligence, accident,indirect intentional. and comprehensive analysis the legal basis of these case applied to, combining with the theoretical analysis of causation of criminal law whether interrupt under the intervention factors and the facts of specific cases.The introduction part, guided by problem, mainly illustrates the theory and practice meaning of this master thesis topic.The first part, the basic situation of the case. including four small parts, namely, the cause of action, the introduction of the case, the controversy and disagreement, the focus of the case.The second part, the legal analysis, it is mainly from four aspects: whether Chen Xiaoqiu should be foreseen or have already foreseen the harm results of her behavior? Whether Chen Xiaoqiu has a legal obligation to help Hu Yinglin? Whether it has causality in criminal law between the behavior of Chen Xiaoqiu and Hu Yinglin’s death? With the result of the death of Hu Yinglin,in the subjective,Liu Hao is the indirect intentional or negligent?The third part, analysis and conclusion of the case, this is a further analysis on the basis of the the second part of "legal analysis".That is to say by analyzing the two kinds of faults in the criminal law theory and its similarities and differences, judging one should be foreseen or have foreseen, the obligation source of leading behavior in criminal law, the causal relationship of criminal law theory,and combining with the constitution of the crime of negligent homicide and intentional crime,final qualitative the behavior of Chen Xiaoqiu and Liu Hao.The final conclusion of this case is that Chen Xiaoqiu constitutes the crime of negligent homicide and Liu Hao constitutes the crime of negligent homicide and rape.The fourth part, the revelation of research the case.(a) Suggestions to perfect the obligation source, this part mainly analyzes whether it is necessary to put moral obligation as the obligation source of non-action crime.(b) whether to increase the "see danger not save sin" in legislation, for the discussion that increasing the "see danger not save" in the criminal laws put forward by majority people,the author thinks that it is still has no time to set up the crime.Conclusion part: this part mainly summarize the whole article.