Research On Some Problems Of "Reason" Type Crime

The cause of the accident refers to the situation in which the actor has committed harmful acts,but considering the causes of causing and promoting criminal disputes,although there is no explicit legal provisions,considering the actor can reasonably obtain a certain degree of forgiveness,thereby preventing and relieving criminal responsibility.In the traditional criminal justice of our country,lenient treatment is usually given to the illegal acts of "cause-for-reason",which is the inevitable requirement for criminal justice to give consideration to "natural reason","national law" and "human feelings".Under the background of inheriting the excellent tradition of legal culture,administering the country according to law and administering the country by virtue,a large number of acts of leniency in judicial practice,which do not have the explicit provisions of law,but can be lenient in "reason".Considering the respect for the prevailing values and the healthy feelings of ordinary people,they should be given a unified name of "cause" to commit a crime or mitigate it a crime.The process of rule of law in our country should not only be a one-way process of transforming national character with Western ideas of rule of law and elite discourse,but also a two-way process of paying attention to,respecting and adapting to common people's value consensus and emotional needs.By exploring the jurisprudential basis behind the "cause of the event",the ambiguous and differently identified "cause of the event" scenario is typed and standardized,which is conducive to clarifying theory and standardizing practice,and has certain guiding and reference value.Unlike the previous studies which focused on a certain type of "cause of event" in order to ensure the depth of theory,this paper,for the purpose of sorting out all kinds of "cause of event",systematically summarizes and refines all kinds of "cause of event" plots in judicial practice through sorting out a large number of practical cases,thus forming a more complete connotation and extension of "cause of event".A comprehensive and in-depth understanding.The article focuses on the following aspects: Firstly,it tries to generalize the unified connotation of the plot of "cause-for-cause" and roughly combs the criminal judicial practice of "cause-for-cause" in ancient times.Secondly,through the analysis and induction of typical cases in judicial practice,this paper sums up the main types of "cause of event" existing in judicial practice,and restricts its composition by combining legal principles and cases,including "cause of event" of victim's fault type,"cause of event" of safeguarding rights excessive type,"cause of event" of hypothetical exercise of power type,and "cause of event" of social equivalence type.” Forgiveness of motivation.Thirdly,it proves that the function of "cause of event" in criminal law is embodied in the influence on conviction and sentencing,and the theoretical basis of "cause of event" affecting conviction and sentencing.Fourthly,by investigating the current situation of choosing the "cause of the accident" scenario in judicial practice,this paper puts forward corresponding improvement measures,and makes targeted improvement and perfection from the legislative and judicial levels.There are also some problems in this paper,such as the standardization of the language of the article,the theoretical depth of the study to be improved,the inadequate consideration of the complexity of related "cause-for-cause" types,the inadequate excavation of ancient relevant practical experience and research results,which will be the focus of improvement in my writing process.