Study On The Determination Of Criminal Law Nature Of Explosion Arising From Releasing Natural Gas For Suicide

Subjective aspect is an indispensable component of the crime in the criminal law of our country,in which no crime is committed without guilt.All charges are established on the basis of the offender's intent or negligence in the subjective aspect,in which only the offender's guilty in the subjective aspect and the violation of legal interests in the objective aspect constitute a crime.Behavior is an objective existence,which can be perceived externally,while the subjective aspect of crime is the inner psychological activity of the offender,which has the inherent characteristics and is difficult to perceive.Therefore,in the judicial practice,how to correctly grasp the subjective aspect of the offender so as to truly achieve the unity of subjective and objective aspect has always been a difficult problem.Many scholars have been exploring this issue in order to provide guidance for practice in theory.This paper combines a real case,theoretically researches and analyzes indirect intent and careless negligence,examines the subjective mentality of the offender in the case,and explores the criminal law nature of the act therein and its determination.This paper is divided into four parts.Part One is the basic information of the case.The main case in this case is that Zhang released natural gas for suicide in the dormitory and then caused an explosion by the smoke.Then summarized the differences in the handling process of the case,and summarized the focus of the dispute: first,one is the determination of the subjective state of mind of Zhang's behavior,whether it is intentional or negligent,and the other is what the specific composition of Zhang's behavior is.Part Two is the jurisprudence analysis,which focuses on the legal issues in the dispute.Whether or not the Zhang's act constitutes a crime and what crime it is should be based on the determination of subjective guilt in the act.This part focuses on the analysis of indirect intent and careless negligence in dispute,divided into four sub-parts.Firstly,analyze the essence and definition of indirect intent;secondly,analyse the connotation and definition of careless negligence;thirdly,elaborate the distinction between indirect intent and careless negligence,emphasizing the distinction between cognitive factors and will factors,and the subjective sin of the perpetrator to be judged by the evidence of the situation and the intermediate facts;finally,distinguish the crime of explosion,the crime of negligent explosion,the crime of endangering public safety by dangerous means and the crime of endangering public safety by dangerous means in a negligent way.The said sub-parts lay the foundation for the following analysis of the case through the jurisprudence analysis,and the distinction between subjective guilt and related charges.Part Three is case analysis and conclusion.This part integrates the foregoing legal analysis into the case analysis,defines the subjective guilt of the Zhang's behavior,draws the conclusion that the Zhang has indirect intention of indulging the result of endangering public safety when releasing natural gas,and carries on the follow-up behavior under the control of this subjective crime.At the same time,the four views of differences are analyzed separately,and finally found that Zhang constitutes a dangerous method to endanger public security crime.Part Four is the enlightenment of the study of this case.This part reveals and explores the guiding significance of the analyzed conclusion of this case to similar cases in practice.Meanwhile,combined with the problems encountered by the author in judicial practice,put forward suggestions in order to hope that through the introduction of relevant guiding cases,improve judicial interpretation,for the future judicial practice of the normative determination to provide judgment methods and paths.