On "Causing Death" In The Criminal Law

The object of this study is the regulation of "causing death" in the criminal code of China.In through the 1979 criminal law,we will find that compared with the 1979 Criminal Law,"causing death" can be said to be a big step forward in the legislation,but also conforms to the statutory requirements,but it still can not meet the complex legal practice the requirements also gradually attracted a lot of attention of scholars on the "causing death".This article summarizes and analyzes all the death penalty laws in the criminal code,and compares with the relevant provisions in the extraterritorial criminal law,and puts forward some ideas and opinions on the insufficiency of human deaths in the criminal code of China.This paper first through a comprehensive and detailed arrangement in the criminal law of China "causing death",the legislation of our country of "causing death" meaning in detail,explain the "causing death" in "to","causing death" meaning,involving all the terms to "causing death",and made a brief comparison and summary,from different angles,the type of "causing death " in China by the division,and then carry on the meaning of criminal law,finally draws the conclusion of its existence value,especially for the standardization of sentencing to be contribution.Then,the legislative status of "causing death" in the criminal law of China is systematically reviewed and analyzed.In the form of crime,"causing death" to the existence of subjective intention or negligence of the subjective state of mind fuzzy inaccurate problem;in the lethal object,"causing death" of lethal object human defining unknown too broad scope of the problem;in the object of infringement,there will be people "causing death","serious injury" and "serious damage" embodies three different rights order rules are together,and apply the same legal punishment;in legal punishment,"causing death" is not very reasonable question.After careful analysis of the problems in these four aspects,we find out the theoretical debates and the imbalanced application in the "death",and explore the root causes of these problems.Finally,introduced the provisions of extraterritorial "causing death",refer to several Germany and Japan and other representative countries and regions of the criminal law,these countries and regions on the legislative provisions of the criminal law on the "causing death" of a simple list and description,there again with China's "causing death" in terms of the defects were analyzed,the legislation to explore outside of the "causing death" of the flash point,through the study of the essence,and puts forward a conception to perfect their own problems in our country "causing death".