The Law Analysis Of Li Ning, Wang Changbing’s Negligent Homicide

The universality, the relative stability of criminal law determines that any criminal law has a certain degree of abstractness and ambiguity, the criminal law absolutely unmistakable almost does not exist. The characteristics of criminal law is in a sense a certain inevitability and rationality, but the basic principle of criminal law that violates the criminal law, in the judicial practice often causes the verdict, theory dispute continuously, the judge is not know what course to take phenomenon. To avoid the embarrassing situation, on one hand requires legislators to improve the legislative technique, make reasonable restrictions on the fuzziness of the criminal legislation; On the other hand, asked a judge to persist in principle of legality of criminal law make the correct knowledge and understanding. Starting from the authority of the criminal law and maintain stable angle, which undoubtedly has more realistic significance.For these reasons, this article on " Li Ning, Wang Changbing’ Negligent Homicide " as the breakthrough point, due to the different views are analyzed and compared, and the theory of criminal law involves in-depth analysis, in particular, the carding overconfident negligence and indirect intention boundaries between demonstration, systematically elaborated the views of the author on the case. Hope that through this, can the theoretical research and judicial practice of legal issues related to the help.This paper consists of three parts, the first part mainly introduced the case facts,"the court ruled on the case of different and disputes; The second part is the focus of this article, the thorough analysis, demonstrates the case involved the nonfeasance crime, criminal intent and negligence theory and the crime of illegal detention, extortion, the crime of causing death and he formative characteristics of intentional homicide, and systematically discusses the own views on the case; The third part is triggered by the case law thinking, to the criminal intent and negligence of traditional theory and puts forward some views, and not as a crime the cognizance of causality analysis and its particularity.