Study On The Causality Of Deaths In Special Constitutions

In recent years,cases of deaths caused by people with special constitutions have attracted public attention.Because the judiciary often uses the traditional accidental cause-effect theory to broadly determine the cause-effect relationship,which leads to an excessively high guilt rate in such cases,and there are a large number of different judgments in the same case,affecting the justice Credibility.The first chapter of this article introduces three real cases of deaths caused by people with special constitutions.These three cases have similar circumstances but the results of the judgments are quite different.The reasons for the inconsistencies in the judgments and the views of the prosecution and the defense during the trial are summarized.The focus of controversy in this category of cases is whether there is a causal relationship in criminal law between the minor harm of the perpetrator and the death of the victim.The second chapter of this article analyzes the theoretical choice of causality in the case of death caused by special constitution.The first part expounds the definition and judicial status of deaths of persons with special constitutions.Through the elaboration of basic concepts such as constitution and special constitutions,combined with the common expressions in academic circles,the basic definitions of deaths of persons with special constitutions are derived.Trial examples analyze the characteristics of such cases,and define what constitutes a death of a particular constitution.Secondly,analyzing the judicial status of such cases,it is concluded that the guilt rate of deaths caused by special constitutions is too high in practice.The reason is that China's judicial authorities mainly use the accidental cause and effect theory to determine the cause and effect of deaths.There is a causal relationship between human behavior and the death of the victim.The second part analyzes and compares the main theories of causality in criminal law at home and abroad,and introduces the theory of conditions,the theory of equivalent causality,the theory of objective imputation,the theory of two-level causality,the inevitable causality of domestic traditions,and the latest ideas of the academic world.The study,through analysis and comparison,is based on the essence of the research on causality as imputation and more operational in judicial practice.It is concluded that the theory of objective imputation is the best choice to determine causality in such cases.The third chapter of this article draws conclusions from the second chapter of theresearch,and analyzes the causality in the three cases of this article with the objective attribution theory.It is concluded that in three cases,the behavior of the perpetrator and the death of the victim have a factual cause and effect relationship.However,the perpetrator did not create the danger of the victim's death and could not blame the perpetrator.The behavior of the perpetrator and the death of the victim in the three cases did not have a causal relationship in criminal law.The fourth chapter of this paper combines the previous research and puts forward some relevant suggestions.As the main reasons for unjust judgments in such cases are due to the different judicial authorities' determination of causality and the serious interference of the family members of the deceased on the administration of justice,the author believes that a causality determination process based on the objective attribution theory should be established.The judgment of causality is divided into attribution.And attrition,and assess the extent of the direct trauma suffered by the victim;in most cases,the perpetrator has no special knowledge of the victim's special constitution.According to the objective attribution theory,imputation cannot be performed.The perpetrator's behavior and The victim's death has no cause and effect,and the perpetrator will be found guilty.in order to exclude the outside world.In particular,the victim's family's interference in handling the case,the judiciary must adhere to its independence,strictly handle the case according to law,and implement the national judicial assistance system and legal documents to explain the causal relationship in the case.