Legal Characterization Of Slight Violence Resulting In A Person's Death

There exist disputes on qualitative judgment of light violence causing death to another person in practice,which involve crime of intentional homicide,crime of intentionally inflicting injury causing death to another person,crime of negligently causing death to another person,accident and so on,which means crime or non-crime and distinction of two similar crimes.The essence of qualitative analysis of this type of cases is the cognizance of the subjective aspects and the causality of light violence and death,which should be comprehensive evaluated with the subjective and objective situations.In view of this,the paper analyzes three typical cases on whether constitute a crime and what a crime constitute,which leads to three points of qualitative judgment of slight violence causing death,namely the meaning of light violence,the cognizance of subjective aspect of mind,the judgment of causality of light violence and death.Firstly,understand the meaning of light violence correctly.This paper put forward the definition of light violence based on reasons of different understanding:a person implement a low violent behavior to the victim,which would not directly and directly lead to serious injury to the victim.The second is the cognizance of subjective aspect of mind.Focus on understanding the meaning and content of the criminal law,as well as the foreseeable obligations and foresight.The third is the judgment of causality,mainly studying on light violence causing death of the victim with idiosyncrasy.This paper states the cognizance of causality of behaviors and consequences according to Conditioning Theory and further expounds normative evaluation on results according to objective liability theory.It is also considered that idiosyncrasy is not a factor in criminal law.At the same time,this paper summarizes the three typical cases,and states respectively the practical operation.For the above,the author presents own point of views.The connotation of "light violence" actually ruled out the possibility of a case as intentionally inflicting injury(causing death).However,real life is complicated and changeable,intentional homicide can be established in cases where the actor makes use of other people's specific conditions and causes mild violence.Qualitative research on the death behavior of mild violence is helpful for practical reference,which is conducive to safeguard judicial justice,improve judicial credibility,have awareness of fairness and justice in every case and maintain the authority of nomocracy.