Discussion On The Judicial Cognizance Of The Special Constitutional Cases Of Victims

In some criminal cases especially the injury cases,the defendant carried out less dangerous behavior on the victim(both verbal stimulation behavior and physical act can be),if the act applies to non special constitution of people usually do not have serious consequences,but because the victim has some kinds of special physical constitution,the combination of special constitution and the defendant's behavior may cause death or injury results.In this situation,questions are coming one by one:In the aspect of causation,how to judge the causal relationship between the less behavior and serious consequence?Does the special constitution affect the establishment of criminal causal relationship?The serious injury or death consequences of the victim should or should not be blame on the defendant's behavior?In the respect of the defendant's subjective malignant,how to distinguish the defendant is intentional,negligent or innocent?If the defendant's behavior constitutes a crime,does the special constitution have influence on the discretion of the penalty?If it does,to what extent?Because of discrimination of the above issues,the court has different ideas in this crime or the crime,guilt or innocence,and sentencing is not uniform.Therefore,it is helpful to solve the problem of judicial determination of the special constitution cases of the victim.This paper will collect some related typical judicial cases of victims with special constitution from the Chinese referee network,combined with cases to analysis the source of uniform sentencing phenomenon,and tries to solve the confusion of judicial adjudication in cases of special physical constitution of victims from two aspects of conviction and sentencing.In the conviction,this paper attempts to analyze and identify the conviction from criminal causal relationship,subjective malignant and the degree of behavior's violence:Firstly,using condition theory,causal relationship theory and objective imputation theory to identify the relationship between behavior and result;Secondly,observes subjective state of mind through the objective behavior,pay attention to the "knowing" factors of intentional crime,focus on the review of fault content in the foreseeable obligations and foresight,and use the"Modified objective theory" to determine the ability to foresee,in order to identify the perpetrator's subjective malignant;Thirdly,from the perspective of the behavior's violent degree of defendant to view the imputation and subjective malignant problems.In the aspect of penalty discretion,combined with the special constitution's influence on sentencing and the specific situation of the case so that to determine whether take the special constitution of the victim into discretionary of sentencing consideration or not,thus to strive for the defendant in the case of the special constitution of victim justice conviction and sentencing.