2。 The subject is a general subject, and any natural person who has reached the legal age of responsibility and has criminal responsibility ability can constitute this crime;
3。 The object is the right to life of others;
4。 Objectively, it is an act of causing death due to negligence.
first, the object of the crime of negligent death is the right to life of others.
second, the crime of negligent death is objectively manifested as the act of negligent death.
The objective aspect of this crime must have three elements:
1. Objectively, the actual consequences of the death of others must occur;
2. The actor must commit the act of causing death through negligence;
3. There must be an indirect causal relationship between the negligent behavior of the actor and the result of the victim's death, so that the victim's death is caused by the actor's behavior.
Third, the main elements of the crime of negligent death are general subjects, and any natural person who has reached the legal age of responsibility and has the ability of criminal responsibility can constitute this crime.
fourthly, the crime of negligent death is subjectively manifested as negligence, that is, the actor's negligent psychological state towards the result of his behavior, including negligence and overconfidence.
The constitutive elements of the crime of negligent death are listed as follows: (1) The object of this crime is the right to life of others; (2) The right to life is the personality right of a natural person, and its content is to safeguard the security interests of his life. Its sacredness has been recognized by the constitution and should be implemented by its sub-laws; (3) depriving others of their right to life, whether intentional or negligent, is harmful to society and should be punished by criminal law. (1) Objectively, the actual consequences of the death of others must occur. This is the premise of the establishment 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; (3) This crime belongs to consequential offense, and intentional behavior does not affect its negligence in the result. This is different from the crime of intentional homicide that deliberately deprives others of their lives. 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. (4) 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. Death here includes death on the spot and death due to injury or circumstances that were not rescued at that time. Otherwise, the actor should not bear the criminal responsibility of the crime of negligent death; (5) If the perpetrator's negligent behavior caused serious injuries, but the victim died due to the intervention of other human factors (such as doctors not actively rescuing or improper wound treatment), the perpetrator should only be investigated for criminal responsibility for the crime of causing serious injuries through negligence. 3. Main Elements (1) The main elements of this crime are general subjects, 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; (2) This crime is not a crime that seriously undermines social order, no matter from the subjective malignancy, objective behavior or social harmfulness of the perpetrator. Secondly, the predictability of the result of death caused by negligence requires the actor to have certain cognitive ability and discrimination ability; (3) Minors who have reached 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 their understanding of the possible harmful consequences of their actions. Therefore, they are people with limited capacity for behavior (including responsibility). Therefore, the law does not require them to bear criminal responsibility for negligence. 4. Subjective elements (1) Subjectively, this crime is manifested as negligence, that is, the actor's mental state of negligence in his behavior results, including negligence and overconfidence; (2) Negligence means that the actor subjectively foresees that his behavior may cause the death of others, but fails to foresee it. Foresight is the subjective requirement that the law may cause others to die when the actor carries out some conscious behavior; (3) the actor can foresee and prevent the occurrence of harmful results according to the ability of ordinary people and the objective conditions when he acts, but it is only because of his own fault that serious harmful results occur and he should bear legal responsibility for the results; (4) The fault of overconfidence refers to the fact that the actor has foreseen that his behavior may cause the victim's death, but thinks that this result can be avoided. Because the actor has foreseen that his behavior may lead to the death of others, and then he has the responsibility to avoid this result, but he has not effectively prevented others from dying and failed to fulfill his due responsibilities; (5) Therefore, the actor should bear criminal responsibility for the harmful results caused by his subjective overconfidence. Credulity can prevent others from dying, which is the boundary between overconfident negligence and indirect intentional homicide.
I hope the above contents can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 233 of the Criminal Law of People's Republic of China (PRC)
Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.
Article
If it is clearly defined as a crime by law, it shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.
Article 238
Crime of illegal detention Whoever illegally detains another person or illegally deprives another person of his personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs. Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
Article 4
Everyone is equal in the application of criminal law, and all criminals are equal in the application of law. No one is allowed to have the privilege beyond the law.