| In the existing judicial precedents,the special constitutional factors of victims have been improperly extended and applied,especially in some previous judgments in practice.The perpetrator objectively causes the consequences of the victim's death,but because of considering the special constitution of the victim,the criminal responsibility has been reduced and exempted.This practice enlarges the obstruction of the special constitutional factors.The role of the perpetrator evades the criminal responsibility of the perpetrator.Therefore,on the premise that the perpetrator himself has the intention to harm,the special physical factors of the victim can not be used as the reason of responsibility obstruction or illegal obstruction for the perpetrator of intentional injury.The perpetrator should bear the increased criminal responsibility for the result of death,and not be mitigated as a result.Guilt.The so-called special constitution of the victim does not interrupt the behavior of the actor from the point of causality,because from the point of view of behavior,after all,the behavior implements a series of objective acts,either should be foreseen but not foreseen,or the risk of death of the victim has been brought to the victim after the implementation of intentional injury,so from the point of view of maintenance From the perspective of social fairness and justice,we should not admit that the actors' actions are interrupted because of the special constitution of the victim.The aggravating circumstances of death should be taken into account when the victim with special constitution is injured by intentional injury motive,while for the general acts of normal social interaction,as long as the acts are not harmful.Or the occurrence of harmful consequences should be regarded as an accident if they are negative and have no foreseeable possibility.This is of great significance for safeguarding the fairness and justice of the judiciary and protecting the human rights of the victims. |
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