A First Study On The Criminal Causality

It has already had a history of two hundreds years since the criminal causality came out formally. In our country, from the setting up of the Peoples Republic of China, the scholars in the criminal law circles carried on fruitful researches on the causality in criminal law, and have reached some common understandings. But these studies are not enough yet, and the causality in criminal law is still the subject which need probing into so far. In this paper, the writer mainly carry on deep research on the theories of the criminal causality and the legislation in the countries and regions of the civil law, in the countries of the common law, Russia, China. And has put forward the reconstruction of the causality theory and legislation in our country.This paper consists of eight parts as following:Part I , foreword . In this part ,the writer introduces the current situation of the research on the criminal causality in the world, the significance of research in our country, the question which should be paid attention to, the methods of writing this paper. And then, the thesis is introduced.Part n, the criminal causality in the countries and regions of the civil law. Should divide following two pieces of respect introduction partly: First of all, the writer introduces mainly the theory of the criminal causality in Germany, Japan, Taiwan area. And points out the legal precedent used mainly the conditions; Secondly, the writer introduces the causality theories of Italy and legislation in the Italian criminal code, and points out that the legislation of the criminal causality is the classical statement of the objective causality.Part III, the criminal causality in the countries of common law . In this part, firstly, the writer expounds the double layers mode -the cause in fact and the cause in law and the theories of the causalities; Secondly, the writer analyses the legislation ofMPC of U.S.A, and points out the legislation of the double layers cause and theregulations of the causality from objective side, the limitation from the subjective side have scientific value, which theoretical research on the criminal law causality in our country can use for reference.Part IV, the criminal causality in Russian . In this part ,the writer mainly combed history studies on the causality in Russian: the general situation of the research in these three periods : from the 19th century to the October Revolution , after the October Revolution, after the disintegration of the Soviet Union research .And points out the achievement and the insufficient of the study on the criminal causality in Russian.Part V, the criminal causality in our country. In this part, three questions are discussed: First of all, the writer introduces three stages of the studies on the criminal causality in our county the subject matter and the status of the criminal causality , the relation with responsibility; Secondly, the writer combed the theory of the criminal causality over fifth years. At last, on the basis of reviewing the study on the causality in China, the writer points out that the scientific attitude toward the research on the criminal causality is to posses the clue of study of the civil law and the common law, to understand the characteristic of system, thus, to adjust the direction in the theory of existing frame.Part VI, the comparisons of the criminal causality among the civil law , the common law, Russia and our country. In this part, the following problem is discussed: The difference in the theory of the criminal causality; The difficult point that should be overcome in theory, namely, the distinction between existence and value in civil law, the distinction between the cause in fact and the cause in common law and the distinction between the philosophy and the criminal law in Russia and China; The philosophical foundation of the study on causality, namely, Rationalism philosophy of civil law , Empiricism philosophy of common law and Marxist philosophy in Russia and China .Part VII, the reconstruction of the causa...