Basic Study On The Criminal Causality

Criminal causality, as an important concept in the theory of the constitution of crime, is an objective basis for the suspect to undertake the criminal responsibility as well as an important task in the legislation of criminal law and the criminal judicature. In judicial practice, if there is no criminal causality between a person's act and the harm, the person doesn't need to undertake the criminal responsibility for the harm. Therefore, criminal causality plays an important part in criminology. To better deal with various complex criminal cases, it is necessary to study the criminal causality in judicial practice and in the theoretical study of criminal jurisprudence. Criminal causality has been discussed by many experts and scholars in this field, and valuable ideas and solutions have been put forward. However, consensus of opinion has not been achieved yet. For example, opposite opinions are held among scholars concerning the question that whether there is accidental causality in criminal law. Even among scholars who take the positive view, different concepts of accidental criminal causality are given because of the complexity of the theory and different approaches to it. However, the lack of consensus of opinion about this question over a long period of time would definitely influence the practical effect of criminal judicature. Without the guide of a unitary principle, decisions about the dealing of criminal cases can only be made by the person in charge at will, which would not only affect the unity of criminal law, but also influence the quality of the handling the case seriously. In this sense, it becomes an important and urgent task for scholars to strengthen the study of criminal causality. This thesis aims to solve the dispute of the criminal causality theory. On the basis of the discussions of some basic questions, such as the nature of criminal causality, the objective of the study, the development of the study of criminal causality and the approaches to it, we got a clear criterion for the understanding of the question, which can serves as a guiding principle for the researchers of criminal law and the workers of judicial practice. In the study of criminal causality, one point should be remembered, that is, criminal causality provides an objective basis for the investigation of the responsibility of the suspect. In other words, it is the basis for the decision that whether the suspect should undertake the criminal responsibility for the harm. Traditional study of criminal causality pays too much attention to the philosophical difference between accidental causality and positive causality instead of the essential points. However, in real situation, the researchers of criminal law and the workers of judicial practice usually do not first make a philosophical analysis of the question that whether the act plays an accidental role or a positive role in the consequence of the harm before they study the criminal causality of the very case. So, we hold the view that it is really unnecessary to dispute the contingency and the necessity of criminal causality. Based on the discussion of the evolution and the nature of criminal causality as well as the clarification of some basic understandings of the concept, the thesis discusses criminal causality from two perspectives: the narrow sense (the law causality of crime) and the broad sense (the fact causality of crime). The fact causality of crime is the basis of the law causality of crime; the law causality of crime is the sublimation of the fact causality of crime. The thesis also gives an illustration of the reason and the consequence of criminal causality in the broad sense and in the narrow sense and the types of the law causality of crime and the fact causality of rime. Then the thesis puts forward a concrete criterion for the recognition of criminal causality. The whole thesis is divided into three chapters. About 35,000 words. The first chapter is about the evolution of criminal causality. This chapter gives a comprehensive analysis of the origi...