Analysis On The Deal Of The Death By Beating

The author, as a criminal justice practitioners, analyzes the death by beating from the perspectives of forensic science, criminal law theory and trial Practice based on the witnessed and documented cases. The cases of death by beating have shown to a typical type in judicial practice, but at the same whether this type case to be a crime, to be which kind of crime and how to sentence are different in courts in China. The reason lies not only that in the theory of criminal law there are different opinions of Aggregated Consequential Offense, Causal Sequence and Subjective Fault but also that there are different opinions of the break light on the qualitative weight of criminal and other multi-layer causes in specific cases in criminal legislation and judicial practice.Based on the analysis above, the author puts forward that it is risk theory is appropriate in the theory of Aggregated Consequential Offense, conditioning theory is appropriate in the theory of Causal Sequence and also it should focus on the special nature of Aggregated Consequential Offense in the theory of Subjective Fault. Then the author concludes that it is important to judge whether the harm to conduct, assault in such cases. And then the author ventures the improvement program in the criminal legislation and judicial practices. This paper discusses it from four aspects.First, overview. By interpreting the concepts of beating, mechanical injury, illness, death and cause of death to analyze the constituent elements and characteristics of the cases of death by beating. Also the author studies with the class theory of criminal law and judicial practice of significance.Second, analysis of the status quo, the root cause. There are qualitative differences in sentencing on the identity of the cases of death in judicial practice, which lead at the break on the differences between such cases produce a theoretical roots also have practical roots.Third, recommendations. It is risk theory is appropriate in the theory of Aggregated Consequential Offense, conditioning theory is appropriate in the theory of Causal Sequence. In practice the author suggests that focus on the relationship of causal sequence from the forensic interpretation to criminal law. Meanwhile,the author makes handling of advices of deal on legislation and judicial practices.