Does it constitute negligent death? Why, and on what basis? Please answer in detail? Real Case .

A's act does not constitute a crime, although B's death is related to A's act, it is not a legal (criminal) causal relationship, the result of B's death is not the inevitable result of A's act, and A's act is not the inevitable cause of B's death. Therefore adoes not constitute the crime of negligence causing death. However, B's death A is responsible, not all death liability must be adjusted by criminal law, civil law is also law, B's death A must bear civil liability.

For example, a beautiful girl is walking on the road, and she is confronted by a young man on a motorcycle, and the young man is so confused that he hits a telephone pole on the side of the road and dies. Are girls responsible? The death of the young man has something to do with the girl, and it has something to do with the girl's beauty, but it is not the inevitable cause of the young man's death, in other words, the girl's beauty does not lead to the inevitable result of the young man's death.

It can only be said that the girl's beauty has something to do with the young man's death, but it is not a legal causal relationship, and the girl is not legally liable.

If B is not crushed to death by a car, but by a stick that B puts down, and is directly stoned to death or knocked over and thrown to death, it can be a crime.

B's crushing to death by a car was brought about by A's act, but this is not a causal relationship in criminal law, and the result of B's death is not the inevitable result of A's act, and if B is stoned to death by a wooden stick or fell to death by pressing a wooden stick, A's act is the inevitable cause of B's death.

A because he is at fault, he has to bear civil liability, which is the object of adjustment of the civil law, not the object of the adjustment of the criminal law.

A's behavior constitutes the crime of endangering public safety, placing wood 7 meters from the road surface, first of all, it is possible to hit passers-by or vehicles, and even if it is not, it will form a road obstruction, pose a threat to passing vehicles and pedestrians, and have the possibility of unforeseen serious consequences for unspecified persons, and as a result, it has also caused deaths, so it subjectively endangers public safety and has intentionality.

Legal Analysis: This crime is objectively manifested as the act of causing the death of another person due to garbled files. To constitute this crime, it is necessary to have both:

1. Objectively, the actual consequences of causing the death of others must occur; 2. The perpetrator must have committed an act of negligence causing death; 3. The main elements of this crime are general subjects, and any natural person who has reached the legal age of responsibility and has the capacity for criminal responsibility can constitute this crime; 4. This crime is manifested in negligence in the subjective aspect.

Legal basis: Article 233 of the Criminal Law of the People's Republic of China Where negligence causes death, a sentence of between three and seven years imprisonment is to be given; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

Legal Analysis: This crime is objectively manifested as an act that causes the death of another person due to an accident. To constitute this crime, it is necessary to have both:

1. Objectively, the actual consequences of causing the death of others must occur; 2. The perpetrator must have committed an act of negligence causing death; 3. The main elements of this crime are general subjects, and any natural person who has reached the legal age of responsibility and has the capacity for criminal responsibility can constitute this crime; 4. This crime is manifested in negligence in the subjective aspect.

Legal basis: Article 233 of the Criminal Law of the People's Republic of China Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

The following conditions constitute the offence of negligent death:

1.Objectively manifested as an act that causes the death of another person due to negligence;

2.The main element is that the natural person who has reached the legal age of responsibility and has the capacity for criminal responsibility can constitute this crime;

3.The object of the violation is the right to life of others;

4.In the subjective aspect, it is manifested as negligence, that is, the mental state of the perpetrator who is at fault for the result of his or her actions.

[Basis of the Law Book].Article 233 of the Criminal Law of the People's Republic of China.

where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

The following elements are met to constitute the crime of negligent death:

1. The perpetrator committed an act that caused the death of another person due to negligence.

2. The object of the infringement is the right to life of others.

3. The perpetrator is a self-bridge trouser who has reached the legal age of responsibility and has the capacity for criminal responsibility.

4. Manifested as negligence in the subjective aspect.

[Legal basis].Article 15 of the Criminal Code.

It is a crime of negligence to foresee that one's actions may have consequences that are harmful to society, but because of negligence and failure to foresee them, or those who have foreseen them and believe that they can avoid them, so that such a result occurs.

Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

Article 233.

where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

The following elements are met to constitute the crime of negligent death:

1.Subjective element: the subjective aspect is manifested as negligence, that is, the mental state of the actor who is at fault for the result of his act;

2.Subject Elements: The subject is a general subject, and any natural person who has reached the legal age of responsibility and has the capacity for criminal responsibility can constitute this crime;

3.Object element: the object is the right to life of others;

4.Objective element: The objective aspect is the act of causing the death of another person due to negligence.

[Legal basis].Article 233 of the Criminal Law of the People's Republic of China.

where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, the sentence is up to three years imprisonment. Where this Law provides otherwise, follow those provisions.

(1) Subject matter requirements.

The object of the offence is the right to life of others. The right to life is the personality right of a natural person whose interests in the maintenance of his or her life are the content. Its sanctity has been recognized by the Constitution and should be enforced by its sub-laws.

The act of depriving another person of the right to life, whether intentional or negligent, is a social hazard and should be punished by criminal law. Article 232 of this Act provides for the crime of intentional homicide. This article provides for the crime of negligence causing death.

2) Objective elements.

This crime is objectively manifested in the act of causing the death of another person by negligence. To constitute this crime, there must be three requirements at the same time in the objective aspect;

1. Objectively, the actual consequences of causing the death of others must occur; This is a prerequisite for the establishment of this crime.

2. The perpetrator must have committed an act of negligence causing death; Here, the perpetrator's actions may be conscious, or intentional, but they are negligent because they did not foresee the consequences of causing the death of others. This crime is a consequential offense, and the intent of the act does not affect the negligence of the consequence.

This is not the same as intentional homicide, which is consciously committed in an act of intentional deprivation of the life of another person. Acts of negligence causing death can be divided into two situations: negligent acts of acting, and negligent acts of omission.

3. There must be an indirect causal link between the negligent act of the perpetrator and the result of the death of the victim, that is, the death of the victim was caused by the act of the perpetrator. Death here includes death on the spot and death due to succumbing to injuries or resuscitation due to the conditions for which life was not available at the time. Otherwise, the perpetrator shall not bear criminal liability for the crime of negligent death.

If the perpetrator's negligent act causes serious injury, but the victim dies due to the intervention of other human factors (such as the doctor's failure to actively rescue the victim or the wound is not properly treated and becomes infected), only the perpetrator should be held criminally responsible for the crime of negligent serious injury.