Research On Legislation Of "Causing Serious Injury, Death"

"Causing serious injury, death" or similar accusations, express the harmful results to life and health, which often appear. It appeares48times in the Criminal Law, but they have different normative nature, have their own normative values respectively, both affect the conviction, but also affect the sentencing:One is as the constituent elements of Basic Guilty’s result elements One is as the constituent elements of Aggregated Consequential Offense’result elements; one is as the new constituent elements of Conversion Guilty’result elements; Another is as the constituent elements of Inclusive Guilty’result elements. It is because of the harmful results of serious injury or death is whether caused by the Basic Guilty’s behavior or not, criminal acts result which type and extent of injury and death, behaviors and harmful results are whether beyond the nature of the basic crime or not, the different requirements to subjective guilt which contained in the attitude to harmful results of serious injury and death, and whether the criminal acts theirselves or act means have a certain particularity or some special requirements, when this harmful results come, our country took a different legislation attitude: either treated as Aggregated Consequential Offense, or transformed into another more serious nature of the new crime, in rare cases, criminal law expressly stipulates this harmful result as Inclusive Guilty in turn to overcome limitations of multiple crimes, make the effects of upgrading the kind of punishment, aggravating punishment, sometimes sparing no effort only for the purpose of expressly stipulating the criminal acts which are implemented at two subjective guilt as multiple crimes, in the absence of any similar provisions circumstances, according to the principle of legality, in judicial practice, we can only basing on the form theories about the number of crimes treat it as Imagine Competing Guilty or basing on other atypical forms about the number of crimes to handle or according to the general provisions to treat it as multiple crimes. So diverse normative nature, will be bound to contrary to the legislative intention of Criminal Law, will undoubtedly undermine the clarity of the Criminal law, producing a lot of differences in the interpretation and application and bring a lot of confusion in theory and judicial practice. In this paper, I will use the system method to explain the above phenomenon to comb the legislative system, and strive to achieve "the same treatment should be evaluated for the same thing,"achieve" the same or similar nature which may require the same or similar processing mode "effect. What kind of normative values to better reflect the principles of criminal culpability and better adapt to protect the legitimate rights and interests of victims and perpetrators, is the ultimate choice accordance with our legislation. And on this basis, according to the atypical forms about the number of crimes to classify the current Crimal law’s "Causing serious injury, death" harmful results, Firstly determine a legislative model, and then determine a certain selection criteria, including the legislative language, the behavior object, the special requirements of the behavior means, the identification about type and degree of the harm, the guilty form and the punishment identification’s internal identification standards. On the base of ensuring the accuracy of typical number of crimes’s law applies, focus on solving atypical form of "causing serious injury or death", trys to build a sound and reasonable "to cause serious injury or death" legislative system...