Viewing The Effects On The Murder Of The Victim Factors To The Imputation Of The Death Result

Deaths occurred for the result of "kills" shall be investigated for criminal responsibility, high priority in the judicial practice.But in the number of "kills" the dead(in this paper, a general designation "victim") own factors also is the main reason that death results.For the murder of this kind of existence of the victim factors, how to identify the perpetrators of criminal responsibility, has long been bothering the judicial practice, so that different sentenced to connection with the chaos phenomenon, at the same time this kind of case also have some major issues involving criminal law theory.As a result, this article will draw lessons from the research achievements of contemporary punishment law, and combining with the judicial practice, system to investigate the murder of the victim imputation of the result of the death cause factors.The full text includes three parts, about 40 thousands words.In the first part is "kills" the victim factors: type analysis according to the results, the cause of death in "kills" the cause of the victim factors and classified, and through the typical cases respectively for the victim choose to commit suicide, dangerous to accept the victim and the victim idiosyncrasy of three kinds of factors involved in the death results criminal imputation involved in judicial practice and criminal law theory, to do a preliminary summary and analysis.The second part is the victim factors affect criminal theory foundation of imputation analysis: "kills" based on the existence of the victim factors involved in the imputation of criminal, combined with contemporary punishment law of the development of dynamic, respectively from the victim responsibility theory, the objective imputation theory and the new negligence theory from three aspects, for the case of criminal punishment law principle of imputation involves analysis and research, to appropriate judgment of the victim factors the result of the death of criminal liability can occur, to lay the theoretical foundation.The third part is the victim factors under the action of the criminal imputation analysis of death, according to different types of causes the victim, on the basis of the theory of self is responsible for the victim, the objective imputation theory and the new negligence theory, respectively discusses the victim factors influence on death result criminal liability, and of the specific examples in the first part of the case against doing summary analysis.