Analysis On Conviction And Sentencing Of Cases Of Death Caused By Minor Violence

In daily life,it is a normal situation for a quarrel or body conflict between two strangers or familiar relatives and friends.If there is no result of minor injury or above,it belongs to the jurisdiction of administrative law.If there is no result of minor injury or above,but it still leads to the death of others,it belongs to the jurisdiction of criminal law.Although the cases of slight body conflict leading to the death of the other party are not high incidence cases,they are not rare.Generally,these cases can be divided into two types: normal constitution type and specific constitution type.The special constitution type case refers to the death result caused by the slight violence of the perpetrator when the victim suffers from a certain disease or the body organ has pathological changes;the normal constitution type case is opposite to it,the victim in the normal state is hit by the slight violence of the victim coupled with other environmental factors,resulting in the death result.The cases of death caused by minor violence belong to a special kind of cases in judicial practice,but the perpetrators of minor acts of violence have caused extremely serious consequences.The serious discrepancy between such acts and results has brought certain difficulties to the theoretical research of criminal law and the judgment of judicial organs.The author collected 100 judgments of cases of death caused by slight violence from two databases of China judicial document network and Peking University magic weapon,read through the judicial documents,understand the facts of the cases,and make statistical analysis on the charges and sentencing.It is found that in judicial practice,the phenomenon of different judgments of such cases is very prominent,and the gap between sentencing is also very wide,including intentional injury(causing death)There are three kinds of results: crime,crime of death caused by negligence and innocence,of which the guilty judgment accounts for the vast majority.However,in the academic circle of criminal law,the theory of innocence prevails,which holds that the actor should not bear criminal responsibility.Although there is a difference between the theory of causality innocence and the theory of subjective innocence,it is only a difference in the way of argument.This paper analyzes the reasons from three aspects: objective aspect,subjective aspect and victim's fault,with different emphases.In the objective aspect,we should focus on the judgment of minor violence and causality.In the judgment of the minor violence itself,we should grasp the nature of the minor violence.Objectively,it does not cause the above results of minor injury,and subjectively,there is no intention of injury.When judging whether the perpetrator has the intention of injury,we should pay attention to the reflection value of the objective behavior to the subjective mentality,and make a comprehensive determination according to the case situation.In judging the causality of a case,we should abandon the theory of inevitable and accidental causality and the theory of conditions which are commonly used in judicial practice.We should distinguish the two different stages of attribution and imputation,and use the theory of conditions for attribution and the theory of objective imputation for imputation.If the case can solve the problem of imputation through the objective aspect,it should not enter the subjective aspect of judgment.If it can not be solved by objective imputation,it should enter into the judgment of subjective elements,which should be analyzed in different emphases according to different types of cases.In the case of normal constitution,we should pay attention to the distinction between indirect intention and overconfident negligence.We should not only pay attention to the cognitive factors but also to the willpower factors,and adopt a comprehensive judgment standard.In the case of special constitution,if the actor may constitute negligence negligence,we should focus on the duty of care of the actor,and judge the cognitive ability according to the actor's standard If the result of death is caused by the ability of cognition,it should be regarded as an accident,if it does not constitute a crime,it can be remedied by civil way.After accurately identifying the crime and non crime,this crime and that crime,we should also recognize that in the case of death caused by slight violence,the causes of physical conflict between the two sides exist between the actor and the victim at the same time.Most of the victims also have certain faults.When deciding the sentencing of the perpetrator,it should be based on the five elements theory to determine whether the victim's behavior is a fault in the sense of criminal law,and then use specific quantitative standards to appropriately reduce the criminal responsibility of the defendant,so as to achieve a fair conviction and sentencing of such special cases as slight violence causing death.