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Subjective Aspects Of Understanding And Constructive Injury Case

Posted on:2013-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZhaoFull Text:PDF
GTID:2246330395488351Subject:Law
Abstract/Summary:PDF Full Text Request
Intentional injury is often the case against the personal rights cases, under normalcircumstances is easy to judge qualitative. But the damage appears to death the result of thedifficulty of understanding by the actors in the subjective aspect, and often lead to thevicimitation of intentional injury causing death, wrongful death and confusion between thethree cases of accidents.The complexity of reality led to the theoretical distinction is difficultto grasp in the trial practice and achieve. Such cases is universal, therefore it is necessary tobe analyzed and discussed methods of analysis and judgment of principle for such cases.Thisarticle Analysis for Wu intentional injury case, individual studies, the overall method,elements such as the point of view, fully integrated with the merits of the Crime, seriousintentional injury causing death, wrongful death and accident threethe similarities anddifferences of the kinds of situations, from the theoretical differences and the details of thecase to proceed, which summed up the approach and improve the views of such cases.In addition to the introduction, conclusion, including the merits of profile, the focus ofcontroversy, viewpoint analysis of three parts.Introduction: The main damage to the reality universality and significance of this class ofcases death results.First merits Introduction. The case is still pending in criminal cases, that portion of abrief introduction on the facts of the case.The second part is the focus of controversy. The particularity of the case led to thedifferences of the three views controversial, and that part of the focus of the case and thedifferences of opinion. That is, intentional injury causing death, the wrongful death of thequalitative differences of crimes and accidents.The third part is the point of view analysis. This section includes three aspects:1, threecases were discussed. Reasonable aspects of intentional injury causing death, negligencecausing death and accidents identified from the elements of the crime, the specific case ofdeparture, Analysis of a variety of situations exist in the identified and doubt, and focused onthe analysis of unreasonable doubt.Such as identified intentional injury, the behavior of actorsis a general fight suspected the perpetrator subjectively whether there is a suspicion of intentto deny its intentional crime; identified wrongful death, whether the perpetrator suspicion ofsin, whetherhas foreseen the suspicion of the capacity and conditions to negate their criminal negligence.2, three cases different. Namely, the combined merits of wounding with intent tocause death, negligence causing death and accidents differences focus on comparativeanalysis of through theoretically crime constitute the elements of analysis, discussion of thespecific details of the case, a classic case of reference to compare the three similarities anddifferences.Including similarities and differences between intentional injury causing deathand wrongful death, negligence causing death and accidents similarities and differences,intentional injury causing death and accidents of the similarities and differences, focusing onsin in the form, subjective intent or negligence and other key pointcombine the meritscomparative analysis.3, Personal point of view, namely, the author’s view of the case merits,as well as the conviction and sentencing of the proposal.Epilogue: the conclusions and recommendations of this class of cases the judgment ofthe principles and approach for causing death.
Keywords/Search Tags:Intentional Injury, Negligent Homicide, Accident, Culpability, SeveralCauses and One Effect
PDF Full Text Request
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