Determination Of Victim’s Special Physical Constitution In Causation

Cases of special physical constitution tend to be typed, but there is no uniform path and the specific reference standards for the conviction and sentence of such cases, which makes cases of special physical constitutions become gray areas of law. As a very important part of the criminal law system, the causation theory plays an important role in guiding the theory of division. It itself has gone from domestic casualty theory and necessity theory to foreign constitution theory and relative causality theory and appeared to be inadequate so far in solving the objective attribute of causation and problems with overly broad causation. Emergence of intervening factors highlights the limitations of causal relationship itself. To solve this problem, the objective imputation theory is gradually respected by scholars to show the determination to solve the above theoretical problems. Accordingly, the author starts with the victim’s special physical constitution and tries to seek a way of the allocation of responsibilities with normative sense through objective imputation theory.In Chapter One, the author overviews the details and the focus of dispute of Hong XX case of intentional injury.Chapter Two is an overview of relevant theories. First is about the victim’s special physical constitution, namely the elaboration of the definition and classification of victims’special physical constitutions The second is an overview of the causal relationship with intervening factors. The author introduces the definition and features of causality, and its impact on the conviction and sentence. Meanwhile, the author discusses the main representative theories, points out the limitations of the first three theories, and refers to objective imputation theory in order to solve the above problems reasonably. Each causality theory is supplemented with cases.Chapter Three is the legal analysis of Hong XX’s case of intentional injury. According to the theory of objective imputation, the author analyzes the causal relationship between the assault behavior and death, which includes factual causation and legal causation.Chapter Four is the understanding and application of cases of special physical constitutions in judicial practices:First, quote objective imputation theory to detailing the dynamic process of causation under special physical constitution case, under which premise to convict guilty combing the two important elements theory of crime constitution. Second, specialize the hazardous behaviors of objective imputation under special physical constitution case and the subjective cognition type of subjective imputation to make it have typical significance. In the third part, the dynamic process of fact attribution and imputation evaluation is designed with factors of the special physical constitution involved; In the third part, Improve the legal procedures of special physical constitution cases, including acceptance, special registration, key review of the case, prosecution and trial. In addition, the author tries to introduce the criminal reconciliation system into murder cases of special physical constitution, and combines the victim family assistance system to reach the goal of social stability.