Legal Issues Associated With Causing Death Due To The Drivers Force To Rush The Toll Stations

In criminal justice practice, there are a certain proportion of crimes resulted from actor the drivers force to rush the toll stations .According to crime constitution theory, the behaviors of causing death by perpetrator's driving in order to enforce to pass may constitute the crime of intentional homicide, negligence causing death, traffic crime, crime of negligently endangering public security with the dangerous method and other charges. Therefore it was often the focus of controversy in case trial about what charges the perpetrator of driving red card causing death should constitute. In the long-term judicial practice, we know that the determination of crime subjective aspect is not only an important basis to the judgment concerning a perpetrator crime and non-crime, but also an important standard to distinguish this crime from that crime. It is no exception in "Causing Death due to driving to enforce to pass"cases, especially in the case of Xie Chunhui, whose crime subjective belongs to intentional or negligent would directly affect the conviction and sentencing. Criminal Intention or criminal negligence, known as the actor culpability, is a prerequisite subjective element that constitutes the crime. Usually in the course of the trial, the accuser and the defender particularly around the perpetrator's guilt, combined with evidence relevant to the case, and heated debate. This paper uses case analysis method, through analyzing the intentional homicide by Xie Chunhui and other controversial cases, investigates legal issues associated with causing death due to the drivers force to rush the toll stations; and analyzes by combining with relevant criminal theory, presents some recommendations to resolve such cases, which gives a certain reference to judicial practice in legal issues associated with causing death due to the drivers force to rush the toll stations。In the first part of this paper, author introduced the intentional homicide by Xie Chunhui, and other cases with a certain similarity, such as intentional homicide by Wang Xingwan and crime of negligently endangering public security with the dangerous method by Chen Guoquan. In addition, author summarized the focus of controversy on Xie's crime subjective aspect was the criminal negligence or indirect intention; Xie's constitute charges was intentional homicide or negligence causing death, or traffic accident, or negligence by the crime of endangering public safety and other charges; and elaborate the reason for Xie Chunhui should be sentenced. In the second part of this paper, author reviewed the relevant criminal law theory, especially analyzed crime subjective fault theory which would impact on Xie's criminal conviction and sentencing, and explained other charges might be involved in this case, proposed the main difficulty that dentified Xie's crime subjective aspect lay in the identification of criminal intent and negligence. The third part of this paper gave the conclusion of this case analysis. Author through theoretical analysis and combining the evidence of this case, considered Xie's crime subjective aspect was indirect criminal intent and constituted intentional homicide. In terms of sentencing, taking into account Xie's voluntary surrender should be given a lighter punishment; author gave the conclusion of fixed-term imprisonment of 12th years, meanwhile made specific recommendations for dealing with similar cases in the future.