Criminal Law Study In Cases Of Minor Violent Death

In recent years,cases of minor violence resulting from neighborhood disputes,family conflicts and trivia feuds between strangers have come under increasing public scrutiny.Such cases are characterized by "small and large",the parties usually because of some small things in daily life from a spat to a physical conflict,which in turn results in the death of one of the tragic.Judicial practice has a huge difference between the characterization and sentencing of such cases.There are four kinds of judgments: intentional homicide,intentional injury to death,negligence to death,and innocence.The disparity in the judgment results of the same type of cases will inevitably cause great controversy.In order to protect the judicial authority,protect the legitimate rights and interests protected by the criminal law,and implement the principle of adaptability to crime,punishment and punishment,this article intends to study the conviction and sentencing of minor violence death cases.Starting with judicial practice,the article collects a large number of case samples,analyzes the judgment logic and trial results of cases of minor violence,finds that such cases have high conviction rate in judicial practice,different judgments in the same case,and analyzes the following causes: neglect,excessive attention to the outcome of death,Do not distinguish between assault and injury,do not limit the conditions for the establishment of intentional aggravated offenders,etc.The solution to the problem of practice can not be separated from the perfection of the theoretical level,on the basis of analyzing the practical problems of cases of minor violent death,this paper begins to analyze the criminal composition of such cases.Behavior is the center of gravity of crime objective aspects,but also the basis of the establishment of crime,to examine whether the behavior of the perpetrator constitutes a crime,first of all,on the basis of accurate definition of the behavior,to make a behavioral judgment.Therefore,it is necessary to make a clear definition of minor violence,and then judge the conduct from the two levels of the urgent danger of legal benefit violation and the conformity of the constituent elements,and finally consider that minor violence should be distinguished from intentional injury,and should not be considered as intentional injury causing death.After using the practice of behavior theory to characterize minor violence,it is more appropriate to judge causality in such cases.Quite causality means that the problem of factual causation is solved by condition,and then discuss "quite" to solve the problem of attribution,give play to the dual function of fact and value,and combine it with the theory of behavior.Through the compromise of the theory of quite causality,this paper determines that there is no causal relationship between minor violence and the victim's death result in special physical cases.Now that it has been denied that the act of causing death by minor violence constitutes the crime of intentional injury,the study of the subjective aspects of the perpetrator in such cases is examined to see whether it is subjectively justified by negligence.It is necessary to identify the duty of attention and the ability of attention to negligence crime,to consider the evaluation criteria and judgment factors of the source and attention of the duty of attention,and to distinguish it from the accident,so as to affirm the subjective fault of the perpetrator son of the normal physical case.Cases of minor violence resulting in death are of particular character compared to ordinary cases of death,and the study of such cases should not stop at conviction,but also focus on sentencing.Such cases have the characteristics of induced daily chores,low level of actviolening,many mistakes of victims,special physical condition of victims,and the perpetrator's remorse is positive and easy to be understood.Therefore,in judicial practice,special consideration should be given to the victim's fault,compensation is light and the victim's understanding and other discretionary sentencing circumstances.