何双梅为女儿洗澡致其烫伤死亡案的罪过认定-法律学专业论文.docxVIP

1 1 2 2 Abstract Indirect intention and over-confidence-paradox not only of these two forms have greater sin controversial theory of criminal law, and in judicial practice specific cases it is difficult to accurately identify. This paper focuses on the case about He shuang mei giving her daughter a bath, who is scalded to death , in theory, how to distinguish between the two and what the judicial practice carried out a detailed analysis of revelation. Accurately identified on the nature of the criminal case, to adhere to the principles of legality and liability doctrine, a comprehensive analysis of the various factors of the case, taken from the objective to the subjective analysis of the path. Accurately identify the perpetrators guilt is not only the form and content of the basic requirements of sin principle of legality, but also for the maintenance of social justice, highlighting the significance of the fair has important social value. This paper is divided into four parts. The first part introduces the basic circumstances of the case, all points of view and the focus of controversy. The defendant in this case the use of high temperature hot water bath for women in the process, resulting in serious burns victim subsequently died. After the incident, around the case generated a great deal of qualitative differences, mainly between the crime of intentional injury (indirect intention) and negligence causing death. Focus of controversy focused on the form and content of the defendants guilt, indirect intentional negligence or overconfident, is deprived of life or damage to health. The second part of the theoretical aspects of the relevant issues in detail. Indirect intentional negligence and overconfidence in knowledge of factors and will have different factors. The former recognizes the possibility and necessity of harmful results occur, the latter only recognizes the possibility of the occurrence of the results, and the possibility of understanding with the conten