A Study On The Qualitative Issues Of Cases Of Slight Violence Caused Death

The nature of the case of slight violence caused death is controversial in both judicial practice and criminal law theory.Since the connotation of slight violence is not defined in the Criminal Law,to define the "slight violence",we should understand the intension firstly.Domestic and foreign criminal laws all contain provisions on“violence.”In theory,violence is considered a tangible physical force,but the scope and degree of violence are different.Violence and injury should be distinguished from the characteristics of violence itself and the consequences of violence.The degree of violence has affected the judgment of subjective guilt of the actor.Theoretically speaking,there are two viewpoints about the categorization of slight violence:innocence and guilt.The innocence is to negate the crime by negating causation and subjective guilt.There are mainly controversies about the crime of intentional injury(caused to death)and the crime of causing death by negligence.Through 115 researches and analysis of judicial cases judgements that resulted in slight violent deaths,it was found that there are four results of judgement in refereeing cases of slight violence caused death in judicial practice mainly consisted of intentional injury(caused to death),the crime of causing death by negligence caused by death,innocence and intentional homicide.Judging from the court's logic of the referee's case,the reasons for the qualitative differences are manifold,and the main reason is that the court's understanding of the causal relationship between the slight violence and the death outcome and the subject's subjective guilt are different.The main factors affecting the qualitative nature of cases of slight violence caused deaths are slight violence,causation,and subjective guilt.In judicial practice,the standards of understanding and identification of slight violence are different.Most courts are accustomed to inferring behaviors from results.That is,the behavior of the perpetrator leads to the death of the victim and shows that the behavior is a harmful behavior.In addition,in the case of a victim with a special physical condition,there are often appear the problem of multiple causes.The force of the actor's behavior on the death outcome determines the size of his responsibility.When judging the causality,the court did not analyze the cause of the death of the victim,and did not attach importance to the analysis of the cause of death and the degree of participation in death in the forensic opinion,which resulting in an unbalanced attribution of responsibility to the perpetrator.In judicial practice,there are also problems such as high conviction rate,different judgments in the same case,tendency to imputation of results,and the conditions for the establishment of an aggravated offense are not limited.Finally,the reasonable characterization of cases of slight violence caused death should adhere to the basic ideas that from factual judgment to specification determination,from attribution to imputation,from objective to subjective,from incrimination to crime and following the principle of responsibility.According to the facts of the specific case,the degree of the behavior,causality,and subjective guilty determination were analyzed.