CaoMou's Negligent Homicide Case Analysis

In recent years,with the development of new media in the Internet and the increasing awareness of people's social responsibility,more and more cases of crimes of encroaching upon citizens' personal rights and democratic rights have drawn attention.The cases like "Nie Shubin case" and "Yu Huan case" pushed the judgement and the penalty of this kind to the forefront of public opinion.In the actual judicial practice,the controversy about direct intentional crimes is relatively small,but the dispute about negligent crimes has never stopped.For many scholars and courts in the same negligent crime case,there are big difference opinions among whether or not the actor is constitute a crime,which type of crime does the actor constitute and whether the sentencing is appropriate.This article,starting from the negligent homicide case,makes a study on the method of distinguishing the negligent homicide from accident in the sense of criminal law.On the issue of which type of crime does the actor constitute,this article also makes a comparative analysis on the methods for identify negligent homicide,intentional homicide and traffic accident crime.In terms of sentencing,in view of the fact that in the current criminal law jurisprudence and judicial practice,the emphasis is placed on the statutory sentencing circumstances and the discretionary sentencing circumstances,the basic principles of sentencing in China are summarized.The application of discretionary sentencing circumstances is analyzed in detail.There are two main points of dispute in the CaoMou's negligent homicide case: First,whether CaoMou's act condemned a crime and which crime does he constituted;second,whether the sentencing of Cao Mou was appropriate or not.This article from the subjective aspects of the perpetrator,combined with the comprehensive analysis of three similar cases including the case of Tong Moumou negligent homicide,draw the following conclusions: First,as a truck driver,Cao Mou has foreseen the possible which will result in Xie Mou's death consequences,the credulity driving to the left and a series of operations can quickly throw off Xie Mou,resulting in Xie Mou death on the spot,in line with the elements of death caused by too much self-confidence and negligent homicide.Second,Cao Mou can not be determined by lighter and mitigated sentencing circumstances,and Cao Mou to evade legal sanctions after the incident,do not actively perform the obligation of compensation,the court sentenced him to seven years in prison is appropriate.