Judicial Determination Of The Death Of A Victim Of Special Physique

In judicial practice,the two parties have quarreled with each other over trivial matters in life,pushing and beating each other,leading to more and more cases of deaths of victims with special physiques.However,the courts have disputes over the understanding of related theories,which makes different courts have different judgments on such cases.First of all,there are many and controversial theories on the causality of criminal law in the theoretical circles.There are two different views on the determination of causality in this case.First,according to the revised "conditional theory",it is believed that the defendant’s fighting behavior and Yang’s special physique together led to the occurrence of death,which is multi-causal and one-effect;based on accidental causality,it is believed that there is a heart disease This fact leads to the occurrence of death in accordance with the law,and affirms that there is a causal relationship between the defendant’s fighting behavior and the victim’s death.Second,there is a view that treating special physique as an "independent" intervention factor interrupts the connection between fighting behavior and the outcome of death,and denies the existence of a causal relationship between the two.Secondly,as far as the perpetrator’s subjective mentality is concerned,there is no unified understanding.There are three views of intention,negligence,and subjective innocence,leading to practical judgments including the crime of intentional injury(death),the crime of negligence causing death,and accidents.Therefore,this article starts with real cases,analyzes and examines the shortcomings in the practical handling of this type of case,and puts forward its own suggestions: This case is an accident.From the time when the intervention factor occurs,it denies that special physique is an intervention factor;agrees with the use of the modified "conditional theory" to affirm that there is a causal relationship between the defendant’s fighting behavior and the victim’s death;the defendant’s subjectively unforeseeable death results,subjectively not guilty.