Research On The Case Of Death Caused By Ji XX's Negligence

Subjective guilt is one of the indispensable elements in the constitution of criminal law in our country.It is a kind of inner meaning of the subject of the act.It has an important influence on conviction and sentencing.However,because psychology is implicit,there are often certain difficulties in judicial determination.Psychological research shows that a person's consciousness can control his behavior,and the inner meaning of the subject is expressed through specific objective behavior.It is possible to analyze some of the conscious activities in people's hearts when they make behaviors.In other words,some specific objective behaviors can express psychology.Therefore,our country's judicial practice usually adopts a presumption method to identify the subjective aspects of actors,which also puts forward higher requirements for the professional level and professional ability of judicial staff.Combining specific cases,the article analyzes and compares the constituent elements of intention and negligence from two aspects of cognition and will,and seeks a more reasonable and effective solution to the subjective identification.