A Qualitative Study Of Minor Violent Deaths

This article focuses on special cases such as deaths caused by minor violence as t he object of study.There are similar cases with different qualitative issues,and there are also differences in the standards and basis used in argumentation.This shows that this type of case is more complicated than ordinary cases of infringement of personal r ights and interests,and there is a lack of objective qualitativeness in judicial practice.standard.This article takes typical cases of deaths caused by minor violence as a start ing point,and analyzes the qualitative differences in such cases because of the difficul ty in judging the behavior,causality,and subjective guilt of minor violence.Combini ng the current practical dilemma and the existing related theories in the academic worl d,it is pointed out that minor violence that has nothing to do with or has little effect o n special physique but accidentally leads to death of special physique should not be re garded as an act of practice.It is not advisable to attribute the death result to minor vi olence if the victim does not follow the doctor's advice when the will is sober.In the determination of subjective crimes,the principle of negligence should be adopted.Cas es in which the perpetrator really cannot foresee the outcome of death should be regar ded as accidents.Such cases should be cautiously applied to the crime of intentional i njury unless there is solid evidence.The content of this article is about 30,000 words,and the main body is composed of four parts:The first part is a summary of death cases caused by minor violence,mainly incl uding the analysis of the main problems in death cases caused by minor violence,and sorting out such special cases.Select typical cases from different types.Combining t ypical cases to analyze the causes of problems in such cases,the main research conten t below is drawn.The second part is the behavioral research on minor violence.First,through the definition of minor violence to clarify the scope of the case,and through the definition of the implementation of the behavior,it is concluded that the key to the definition of the behavior of such cases lies in the infringement of legal interests.Re-study the jud ging criteria and the basis of judging the intrusiveness of legal interests,analyzing the pros and cons of the existing theories,and combining the characteristics of cases of de ath caused by minor violence to determine the behavioral judging criteria.Finally,it analyzes the case types and typical cases of death caused by minor viol ence,and draws specific standards for the implementation of minor violence under dif ferent types.The third part is to judge the causal relationship between minor violence and death.First,analyze and study the existing causal relationship theory,determine the conditional theory to define the factual causal relationship,and the objective impu tation theory to standardize the judgment path of the causal relationship,to clarify the system status of the objective imputation theory and the specific applicable rules of i mputation.Combining the different case types of typical cases,the factual and norma tive double judgments of the causality in the death cases caused by minor violence are discussed by type,and the specific judgment paths and judgment standards of differe nt types are further clarified.The fourth part is the judgment of the subjective guilt of minor violence.It mai nly involves the determination of subjective intention and the determination of foresee able possibility.The main points of the judgment of the foreseeable possibility are list ed and analyzed.Finally,it is pointed out that although minor violence causes death c ases have certain special characteristics,they should also have the common crime con stitutive elements of common crimes.When hearing such cases,judges must consider both the minor nature of the violence and the Combining the above-mentioned judgm ent path to judgments step by step,positive certainty,strengthen argumentation,and a chieve a balance between justice and protection of human rights.