Research On The Liability Of Death Cases Of Victims With Special Physical Constitution Caused By Minor Injury

In judicial practice,there are more and more cases in which minor injuries lead to the death of victims with special constitutions,which tend to be typectized.The court lacks a unified approach and reliable theoretical guidance in the identification of causality and the attribution of responsibility.China's criminal law does not have relevant legislative provisions on the problem of the victim's special constitution,and the theoretical circle also has different understanding and standards on the causal relationship of criminal law,leading to the similar cases in judicial practice can not be solved according to the same standards.The traditional practice is to judge the causal relationship between the former behavior in the case,the special constitution of the victim and the result,which may confuse attribution with imputation.In the objective imputation theory,based on the causal relationship in fact,the judgment criteria of the dangerous manufacture and the dangerous realization can solve the imputation problem of the death of the victims with special constitution caused by minor injuries at the standard judgment level,which has the theoretical advantage of being a latecomer.Therefore,from the perspective of objective imputation theory,this paper intends to analyze and examine the deficiencies in the practical treatment of this type of cases,so as to solve the normative imputation problem of victims with special constitutions smoothly.This paper takes several representative precedents as the entry point,and shows that on the issue of minor injury resulting in the death of victims with special constitution,different courts have different standards of judgment,which can be considered as intentional,negligent or even innocent.Practical workers are affected by both internal and external factors when dealing with such cases,so it is necessary to review the problems in judicial practice and their causes.The theory of inevitable and accidental causality,which is based on philosophy,cannot meet the needs of the current theory and practice of criminal law.The condition states that there is a causal relationship between mild injury and outcome,but the "all or nothing" judgment method overwidens the scope of causal relationship and lacks imputation judgment.The rather causal relationship theory is a re-development of the conditional theory,which initially has the consciousness of imputation,but the criterion of comparability is not enough to draw the correct conclusion in the specification.Objective imputation theory completes the transformation of causal relationship from factual judgment to normative judgment,and the construction of "attribution-imputation" theory integrating the concept of danger is conducive to solving the problem of behavioral imputation.In terms of theoretical structure,objective imputation theory is a kind of constitutive element theory,which should be defined in the three-class crime theory system.The judgment of the act should be independent and should not be included by the theory of objective imputation.Objective imputation theory has guiding significance to the treatment of intentional crime,but it is not suitable for direct application.Combining with the theory of new negligence,the objective imputation theory can solve the problem of negligence through the judgment of dangerous manufacture and dangerous realization.The emphasis of accident judgment is to investigate the constitutive elements of behavior rather than the subjective mentality of the behavior.In practical application,a judge should stand on the standpoint of "general person and special actor" to judge the dangerous creation.Stand in the position of hindsight and judge the realization of the danger.