Study On The Determination Of Subjective Culpability

Determining subjective culpability is not easy to operate in the judicial practice. The actor’s subjective attitude roots in his heart, and it’s difficult to be explored from the external environment. But since the subjective mind belongs to the category of consciousness, it is also a reflection of the objective world, so to determine its subjective state of mind through one person’s objective behavior is possible. In judicial practice, most scholars and judicial workers haverealized the necessity and feasibility of conviction based on objective indirect evidence, whichcan be simply put as " behavior displays psychology ", and it means we can get conviction through one person’s objective behavior when it’s impossible for us to get direct evidence of hissubjective state of mind. In our judicial practice, the judicial staff generally identify the actor’s subjective guilt through presumptive method, which requires judicial staff to have professional legal knowledge, to proceed scientific deduction through experimental and logical laws, deliberate analysis, with the help of science, convincing evidence, common sense, convention,and experience. This paper intends to carry out research on the conviction of the actor’s subjective guilt through the analysis on the evidence of the two cases.The paper is divided into five parts, about15000words in total.The first part gives brief introduction to the death case caused by yangchun’s negligenceand the intentional injury case of Bai a brief introduction;The second part, the main controversial factors of the two cases, the form of thedefendant’s subjective culpability and how to identify subjective culpability;The third part, the dispute and divergence of the cases...