To identify the crime of negligent death, we need to analyze it from the following aspects: Subjective elements This crime is subjectively manifested as negligence, that is, the actor's negligent psychological state of its behavior results, including negligence and overconfidence.
Killing people can't be personal. Murder will be punished, this is a criminal case, and it can't be settled. Intentional or negligent homicide is a serious criminal offence, and the criminal suspect needs to bear criminal responsibility, which cannot be solved privately through consultation between the two parties. To identify the crime of negligent death, we need to analyze it from the following four aspects, namely:
1, subjective element
Subjectively, this crime is manifested as negligence, that is, the actor's negligent psychological state towards the result of his behavior, including negligence and overconfidence. Negligence means that the actor should have foreseen the result that his behavior may lead to the death of others subjectively, but did not foresee it. Foresight is the subjective requirement that the law may lead to the death of others when the actor carries out some conscious behavior.
2. Main elements
The main component of this crime is the general subject, and any natural person who has reached the legal age of responsibility and has the ability of criminal responsibility can constitute this crime. A natural person who has reached the age of 14 but has not reached the age of 16 cannot be the subject of this crime. First of all, this crime is not a crime that seriously undermines social order, no matter from the subjective malignancy, objective behavior or social harm of the perpetrator. Secondly, the foresight of the result of death caused by negligence requires the actor to have certain cognitive ability and discrimination ability. Minors under the age of 14 but under the age of 16 have certain limitations in their physical and mental development, knowledge level, ability to observe and recognize objective things, and awareness of the possible harmful consequences of their actions. Therefore, they are people with limited capacity (including capacity for responsibility), so the law does not require them to bear criminal responsibility for negligence.
3. Objective factors
This crime is objectively manifested as the act of causing death due to negligence. To constitute this crime, the objective aspect must have three elements at the same time;
(1) Objectively, the actual consequences of death of others must occur. This is the premise of this crime.
(2) The actor must commit the act of causing death through negligence. Here, the actor's behavior may be conscious or intentional, but he did not foresee the result of causing the death of others, which is a fault. This crime belongs to consequential crime, and intentional behavior does not affect its negligence in the result. The act of causing death by negligence can be divided into two situations: the act of causing death by negligence as a result and the act of causing death by negligence as an omission.
(3) There must be an indirect causal relationship between the negligent behavior of the actor and the result of the victim's death, that is, the victim's death is caused by the actor's behavior.
4. Object elements
The object of this crime is the right to life of others. The act of depriving others of their right to life, whether intentional or negligent, is harmful to society and should be punished by criminal law.
To sum up, killing people can't be personal. Murder will be punished, this is a criminal case, and it can't be settled. In fact, it is useless for the victim to agree to a settlement, and the criminal will also be sentenced to jail.
Legal basis:
Article 232 of the Criminal Law of People's Republic of China (PRC)
Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 17 of the Criminal Law of People's Republic of China (PRC)
A person who has reached the age of 16 commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility. If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law. Article 17 If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment.