Research On Qualitative Of Mild Violence Causing Death Case

Mild violence cases of death in real life have occurred, such cases are generally four kinds of verdict: intentional injury, wrongful death, accidents and intentional killing. Because of the geographical differences or the provisions of the penal code understanding is different, the qualitative case different judicial authorities will also have the big deviation. Based on the background of the specific problems in judicial practice, combined with the actual case, carries on the discussion to the qualitative problems mild violence causing death cases. The main difference between different according to qualitative analysis of such cases, how to distinguish between the general assault on qualitative and the crime of intentional injury, negligence crime death and accident.The first part, a correct understanding of the meaning of minor violence is the basis of this study, this paper study on violence by the meaning and classification, analysis results minor violence definition: For the subjective no intentional sin everyday ordinary people generally believe that can only be caused by others temporary physical pain, physical contact does not have a strong offensive behavior should be regarded as minor acts of violence, such as the daily life of pushing, pulling behavior and sporadic acts such as slapping.The second part, on the basis of the previous part analysis of slight violence can constitute the crime of intentional injury under what conditions, mainly from the objective and subjective aspects of behavior analysis. Slight violence(also known as the general assault) and harmful behavior of intentional injuries in all belong to the violent assault, slight violence generally difficult to constitute the crime of intentional injury, but in special circumstances may also constitute the crime of intentional injury, can also constitute the crime of homicide in extreme cases, the main difference is that the subjective aspect human behavior.The third part, the main research in mild cases of violent death foresight capability of human behavior and foreseeable obligations, thereby accurately distinguish accidents and negligence crime death. To determine the behavior of human behavior on whether be foreseen should strictly adhere to the unity of the subjective and the objective principle, not only in accordance with the considerable social standard(the standard of ordinary people), should also be integrated analysis of people’s own situation and environment at the time.The fourth part, through the analysis of minor violence causing death cases idiosyncrasy victims mostly, this will inevitably involve the criminal causal relationship problems, now the domestic main causal relationship and causality said the dispute. Domestic scholars don’t think idiosyncrasy is intervening factors, but this paper agrees with the Japanese theory point of view: the idiosyncrasy of third people belonging to the intervening factors, because it does not violate the definition of intervening factors, will not cause the theoretical predicament, there is nothing wrong with. The above questions are the focus of this study, hope that through theoretical research, qualitative standards clearly mild violence cases of death, can provide theoretical help for judicial practice.