A Research On The “Causing Death” In Criminal Law

The research object of this paper is provisions of "causing death" in criminal code of our country. Compared to the provisions of the criminal law in 1979, there are a large number of the use of "causing death" of the legislative provisions of this objective crime in criminal law in 1997. The emergence of the "causing death" is a direct replacement of the large number of subjectivity words of "serious", "bad" and so on in the old criminal law, it can be described as a big step forward in the legislation, fully complies with the requirements of a legally prescribed punishment for a specified crime, However extremely objective attributes of legislation still can not satisfy the complicated legal practice, so that produced a variety of questions about the "causing death". Questions about the subjective fault of the causing death is Intentionally or negligently? How to determine the scope of the "person" in the causing death? Is it appropriate to apply the same statutory penalty when the behavior of the different levels of violence is the result of the death of a person? whether the provisions of causing death, causing serious injuries and property losses apply for the same range of statutory punishment comply with the principle of suiting punishment to crime or not and so on?In this paper, Summarizes and analyzes the legal provisions of causing death that the whole criminal code involves, compared with the relevant provisions of the foreign criminal law, put forward suggestions for the shortage of causing death in the criminal code of China.Apart from the introduction and conclusion, the paper is divided into three parts:The first part researches the legal provisions of causing death in the criminal law of China. Comparing the causing death of the criminal law in 1979 and the criminal law in 1997 in terms of the number of times, involved charges and so on, making a detailed exposition on the meaning of the criminal law in 1997 uses a large number of causing death replace of original legislative language and the value of the use of causing death. Specification types of classification on causing death is worth to studying further problem,through the induction summary gets that 32 articles related to the causing death in the specific provisions of criminal law, What are the types of causing death in the academic,What are some of the characteristics about causing death?The second part focuses on the present situation and the deficiency of the legislation of causing death, the subjective fault of the causing death is not clearly defined in the specific provisions, according to the existing legal provisions can not be inferred subjective mental attitude with consistent. There is no clear regulation on the scope of "man" in the causing death, Some of the provisions define it as the victim, the kidnapped person, the illegal detention of others, and so on, most of them are uncertain, there is no clear conclusion that whether other people can be counted as "man" or not. It is also important to determine the causal relationship of causing death, for example Zhang San was raped, Zhang San committed suicide after the event led to death, to determine whether it can be counted as a rape causing death or not you need to make judgments based on the causal relationship, so finding out a judicial application standard is one of the key parts of this part; Moreover, the result of the death of people caused by different behaviors is also the focus of this paper, there is a considerable difference between the three kinds of criminal behavior: the result of death caused by the act and the death result caused by the aid of the tool and results of death caused by behavioral intervention, so, is it appropriate to apply the same statutory sentence? In addition, the statutory sentence allocation problem in the provision of causing death also needs to be improved, a large number of provisions appear causing serious injuries, causing death and property losses apply the same statutory sentence, intentional responsibility and negligence liability have the same statutory punishment, special charges and general charges in the setting of statutory punishment exist a large gap, all these are caused by the unreasonable allocation of statutory punishment. Combined with the first part of causing death, so defining the effect of causing death and distinguishing the relationship between the causing death and the aggravated consequential offence, transforming crime, inclusive crime, is conducive to the consistency and clarity of conviction and sentencing, more need to define the concept and scope of the aggravated consequential offence, transforming crime, inclusive crime in causing death.The third part is the perfection of the defects in the causing death of our country, firstly, it makes a comparative analysis of the rules and regulations of the foreign code on the causing death, so as to find out the differences between them and draw lessons from foreign successful legislation experience, to modify and improve the deficiency of the provisions of the criminal law of our country which the second part referred, find out the systematic and scientific modification plan, come up with the idea of feasibility, clear subjective fault, combined with the application of transforming crime and consequential offense, finally puts forward a scheme of uniform application of standards in conviction and sentencing.