Study On The Qualitative Of The Missing Person In Criminal Law

"Missing persons" that the whereabouts of the staff is unknown,can not find traces.Semantically,the end result of a disappearance is a probable judgment-or death,or injury,or return.From the concept of civil law,the design of the "missing persons" system is a probable judgment of the unaccounted for.From the physical point of view,the missing can not be with the death,injury in the same breath;from a logical point of view,the disappearance of the existence of the corresponding rather than direct death and injury;from a technical perspective,the existing technical conditions can not be missing The three probabilistic results are differentiated.In the criminal field,there is no normative document on the "missing persons" incident.In recent years,crime has become increasingly diversified trend,water traffic accidents caused missing,mine accidents caused missing,forced into the water caused the disappearance of such incidents occur,with a certain lag characteristics of the law in certain acts Norms will inevitably let the relevant authorities fall into the dilemma of judicial operations.The gap between the existing criminal law and the independence of individual thinking makes the judiciaries of the "missing" cases of judicial treatment of different forms.There are four different modes of judicial treatment in the case of"missing persons",such as the use of logical reasoning to directly presume the death of missing persons and the "death" identified by the"death sentence" as criminal death facts.An independent crime conviction sentencing or the "missing person" plot is not dealt with.The above-mentioned different and even diametrically opposed judicial treatment has caused the criminal justice chaos of our "missing persons"cases.The above judicial chaos has also aroused the controversy and disagreement between the theoretical circles in China and the "missing persons" in the criminal field.I believe that the judiciary in dealing with criminal cases with "people missing" circumstances,it is not appropriate by the referee free evidence,the use of logic to presume the "missing person" death,the author of the law,It can not be the civil "declared death" ruling in the "death" as a criminal death facts or directly "missing"as an independent criminal facts and convicted and sentenced.In addition,although China’s criminal law has some criminal presumption(no clear presumption of criminal presumption),but the combination of our existing regulations and some scholars on this issue,I think the criminal presumption refers to the referee in the basic facts and legal requirements The basis of the presumption of the facts,and to allow the parties to refute a criminal legal fact that way.Therefore,I think the civil "declared death" presumption is not a criminal presumption.At the same time,because the "people missing" facts refute almost impossible,therefore,"missing" does not belong to the criminal presumption object,the"missing" criminal legal issues should not apply criminal presumption theory.On the contrary,on the question of the criminal nature of "missing persons",I think it is a better choice to include "missing persons" as an independent criminal fact in the criminal criminal category.In order to realize the above-mentioned path of "criminalization" of criminal law,it is necessary to unify our judicial practice and safeguard legal authority.I suggest that we should improve the results of criminal crime in our country and the other is to clarify the case of "people’s disappearance" Is to clear the relevant cases of "peonle missing" plot sentencing standards:four is to determine the "people missing" the facts of the judgments of the relevant rules and procedures.