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Deng Yicheng, An Explorative Study on Subjective Liability of Intentional Injury (Death) Crime

source:法学院   The author:法学院   time:2021-01-08

Abstract:According to the responsibilitism,the defendant should be culpable to the victim’s death if he is convicted to intentional injury(death) crime.As the legal punishment of intentional injury(death) crime is so severe that it is not fair to convict the defendant of the crime only with the negligence requirement.However, the indirect intention and the dangerousness intention should not be the subjective requirements for intentional injury(death) crime. The rationale of intentional injury(death) crime is the special dangerousness of injury to cause death and the immediate dangerousness realized to the result. If the defendant commits the crime with the special dangerousness to the result,the result should be foreseeable to him. Therefore,only if the defendant causes death through gross negligence, the responsibility requirement makes sense to the intentional injury(death)crime. In other words,the defendant should have gross negligence in committing intentional injury(death).Therefore,the gross negligence should become the subjective requirement to convict intentional injury(death)crime. 

Keywords:Intentional injury(death)crime; responsibilitism; gross negligence; 


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Academics &Research

Deng Yicheng, An Explorative Study on Subjective Liability of Intentional Injury (Death) Crime

法学院 · 2021-01-08

Abstract:According to the responsibilitism,the defendant should be culpable to the victim’s death if he is convicted to intentional injury(death) crime.As the legal punishment of intentional injury(death) crime is so severe that it is not fair to convict the defendant of the crime only with the negligence requirement.However, the indirect intention and the dangerousness intention should not be the subjective requirements for intentional injury(death) crime. The rationale of intentional injury(death) crime is the special dangerousness of injury to cause death and the immediate dangerousness realized to the result. If the defendant commits the crime with the special dangerousness to the result,the result should be foreseeable to him. Therefore,only if the defendant causes death through gross negligence, the responsibility requirement makes sense to the intentional injury(death)crime. In other words,the defendant should have gross negligence in committing intentional injury(death).Therefore,the gross negligence should become the subjective requirement to convict intentional injury(death)crime. 

Keywords:Intentional injury(death)crime; responsibilitism; gross negligence;