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Qualitative Study Of Minor Injuries

Posted on:2019-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z H XuFull Text:PDF
GTID:2356330548961784Subject:Law
Abstract/Summary:PDF Full Text Request
In the case of death due to minor injuries,there is a huge logical contrast between the behavior of the perpetrator and the final death result of the victim,so there are theoretical differences in the identification of causality and judgment subjective cognition.In addition,there is no uniform norm in China,and the external factors can interfere,etc.,which have an impact on the accurate qualitative cases in practice,resulting in the difficulty in achieving the unification of legal effect and social effect,and obstructing the realization of fairness and justice.In real life,the objective situation of such cases is complicated,and these complex and diverse objective conditions affect the determination of criminal responsibility of the actor.Therefore,the criminal responsibility of the actor in the case cannot be generalized.This paper analyzes the recognition of causality,the judgment of subjective cognition and the nature of the strike action,and puts forward corresponding countermeasures according to the problems in practice.In the case of qualitative such cases,the objective situation of the case should be fully analyzed,and the evaluation of the criminal law standard should be made after confirming the causal relationship,subjective understanding and the nature of the attack.In specific cases,the judge should attach importance to the referee the reasoning of the documents,workers need to stick to work independently,in accordance with the law practice and properly applicable criminal reconciliation system and the judicial relief system,in order that the realization of fairness and justice and resolve disputes and promote the development of social harmony and stability.
Keywords/Search Tags:minor injury, lead to death, criminal responsibility according to law, judicial proposal
PDF Full Text Request
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