A Qualitative Study On The Negligent Death Caused By Affray

Regarding the qualitative difference in the death caused by the negligence of the crowd fighting,it originated from theoretical and practical disputes about the legal nature of Article 292,paragraph 2 of the Criminal Law,and the conditions for the establishment of the conversion of the crowd fighting.In theory,due to the different understanding of the legal nature of Article 292,paragraph 2 of the Criminal Law,a doctrine of legal fiction and attention provision doctrines was formed,and derivation based on different doctrines would provoke a fight against the crowd.Different qualitative conclusions were drawn from the deaths of negligence.If according to the viewpoint of legal fiction,the death caused by people's negligence should be classified as a crime of intentional homicide.According to the viewpoint stated by the rule of caution,the death of people's negligence caused by people's negligence should be handled in accordance with the principle of imaginary conspiracy and the crime of people's conspiracy.Or the crime of intentional harm(causing death),or the crime of causing death by negligence is classified as a felony.In practice,the qualitative differences in the deaths caused by the crowds are specifically manifested as follows:Local judicial documents issued by judicial authorities in different regions have adopted different qualitative standards for the deaths caused by the negligence of the crowds.There are two different standards for conviction and conviction based on the subjective conviction of the perpetrator.Different courts have different judgments in the case of deaths caused by congregational assaults,which are the same or similar.The phenomenon of "different judgments in the same case" is outstanding.As there is no legislation or judicial interpretation to clarify the legal nature of Article 292(2)of the Criminal Law and the specific conditions for the establishment of a prisoner in a crowd fight,local judicial organs are formulating relevant regulations and the court is conducting a case of death in a crowd fight.In adjudicating,qualitative conclusions in theory are often used as a reference,that is,the theoretical controversy is actually the direct cause of qualitative differences in the practice of gathering people to fight for death.After a comparative analysis of the legal fiction theory and the attentionprovision theory,it will be found that the qualitative conclusions of the legal fiction theory on the death caused by the negligence of the crowd are "the inaccurate grasp of the conversion of criminals","the violation of the criminal law's modestness" ","Violating the principles of punishment for imaginary joint offenders "and" excessively expanding the scope of the conversion of offenders ".The qualitative conclusions noted in the regulations are more reasonable because they follow the principles of the criminal substantive law and the interpretation of criminal law,and deserve to be promoted.On the basis of adopting the qualitative conclusions of attention rules,we can try to make the subjective conditions for the formation of congregation fights through judicial interpretation as intentional;help the Supreme People's Court to issue relevant guiding cases to help unify the qualitative standards and improve the legislation The concept of molecules and the scope of their responsibilities,etc.,achieve the purpose of resolving qualitative differences.