Research On The Boundary Between The Crime Of Accident And Negligent Homicide And The Crime Of Intentional Injury

In judicial practice, the boundary between accident, the crime of negligent homicide and the crime of intentional injury(especially the intentional injury causing death) is very complex, and the focus of controversy lies in two aspects: one is whether the behavior of the doer belongs to the accident, which is the key to determine whether the act constitutes a crime; two is that if a person’s behavior has constituted a crime, what crime the behavior person’s behavior constitutes, that is, the crime of accident and negligent homicide or the crime of intentional injury. This is the nodus in judging the similar case in the judicial practice and thus the judges with the inconsistent understanding on legal ideas and legal provisions often make different judgment.This paper takes the case of a sun causing death with a slap judged by a Chongqing County People’s court as an example, elaborates and analyzes the legal knowledge involved in the case, including the concept, basic characteristics and difference between accident, the crime of negligent homicide and the crime of intentional injury, the difference between intention and negligence in the criminal form, the difference between the injury in the law and the general beating behavior and whether the causality in the criminal law and the factors involved block the constitution of a crime and applies the theoretical knowledge to the concrete analysis of this case. First the author elaborates that the act of the Sun falls out of accident and constitutes the crime, the reason for which is that when the Sun slapped the Chen, he should have foreseen that he might injure the Chen but the Sun possessed the laissez-faire attitude toward the harmful consequence; then from the constitutive elements of the crime of intentional injury the author analyzes that the Sun only slapped the Chen and in the meantime from the relationship between the Sun and the Chen holds that the Sun does not have the subjective intent to cause damage to the Chen and draws the conclusion that the Sun’s act doesn’t constitute the crime of intentional injury; and finally from the comparison between the difference of the constitutive elements of the crime of negligent homicide and intentional injury, especially the difference in the objective and subjective aspects and the objective act of the Sun the author determines that the subjective aspect of the Sun had careless negligence not intention and from the harmful consequence that the act of the Sun caused the death of the Chen in the objective aspect and the act of the Sun had the casualty in the criminal law with the death of the Chen the author draws the conclusion that the act of the Sun constituted the crime of negligent homicide.Through the boundary between accident, the crime of negligent homicide and the crime of intentional injury(especially the intentional injury causing death), the author expects to attract the attention to the confusing situation in the practice from the theory and practice theory, then strengthens the researches on the three aspects and finally achieves the purpose of the theory guiding the practical judgment.