The Qualitative Analysis Of Wrongful Death Case Caused By Tang

China's criminal law theory has always not only been against the subjective guilty,but also against the objective guilty.However,it advocates the subjective and objective concept of the principle of blame.The establishment of the crime must have specific elements,these elements is an important basis for the distinction between crime and non-crime,our country from the Soviet Union criminal law on the composition of the theory of crime,that is,the composition of the crime is provided by the criminal law,which is organic unity of the objective elements and subjective elements that constitute the crime.Behavior is an important part of the objective aspects of crime,no action is no crime is recognized.The behavior of criminal law includes not only as an omission,but not as a crime has always been difficult to determine the part of the theoretical and judicial practice.Not as a perpetrator is divided into a realistic not committed and not really do not commit guilty.Among them,the study of the crime is not true is not thorough enough,resulting in judicial practice is not really do not act as a punishment standard to master the different,resulting in judicial practice of not really do not guilty of punishment standards to master the different.And sin is a criminal subjective category,no offense is no prisoner is the British law,meaning that the perpetrator without negligence or will not constitute a crime,that is,no one is responsible for the accident.Although the incident is related to human behavior,but it is not the will of the people to transfer,if someone's behavior and accident related to his criminal responsibility,then people's daily life will be caught in panic,limit the actions of citizens free.Therefore,determine whether the actor constitutes a crime have to consider whether it is illegal or not,but also consider the behavior of their subjective state of mind,only the subjective and objective unity can accurately identify the crime and non-crime.In this paper,the court has been judged by the real case as the background,to explore the behavior of the actor Tang acts as an accident or not as a crime.From the jurisprudence,focusing on the analysis is not true as guilty and guilty of form,by comparing the accident,the difference between negligence and deliberate distinction between the three boundaries.On the court's verdict and the reasons for the objection,and elaborate the author's point of view.The article is divided into four parts,namely case,legal analysis,comparative analysis and case conclusion,revelation part.First of all,the case details the case of Yuan's death of the specific circumstances,although the court has made a decision on the case,but there are still available for discussion,so this paper put forward two controversial focus,One is the crime of crime and non-crime that Tang acts whether constitute a crime,the second is the crime and the crime of sin that Tang constitutes a crime,its subjective mentality is intentional or fault,which behavior does the crime constitute corresponding.Secondly,the legal analysis part focuses on the controversial focus of the case,respectively,from crime,accident,negligence caused by death and indirect intentional homicide and other theories to analyze,trying to clarify the various legal issues,laying a solid foundation for later case studies.Again,the comparative analysis plays an important role in convincing and sentencing by comparing the unexpected events and the negligence of negligence,the difference between the excesses of self-confidence and indirect intentional homicide,clarifying the subjective attitude of the actor,plays an important role in the conviction and sentencing.Then the case analysis part and the conclusion of the case,the theory combined with the practice,the previous analysis of the theoretical issues into the case to discuss,so as to determine the behavior of Tang.The author puts forward his own conclusions and reasons for the behavior of Tang?Finally,revelation part,this paper reveals and discusses the significance of the analysis of this case to deal with similar cases in order to provide references for similar cases in the future.