Criminal Causation Involoving Interventions

Causality in criminal law is a rather complex issue, the final goal to the study of which is to determine criminal responsibility. Therefore, the problem holds an important position in theoretical workers of criminal law, and it is of importance to judicial practice. In a simple chain, that's harmful behaviors directly cause harmful results, it is very easy to determine criminal responsibility, however, the case of simple chain is few in judicial practice, and it often has other facts to interfere in causality in criminal law, which makes the problem more complex and probably interrupts the laws of the development of former causality and cuts the relations between former behaviors and harmful results. The paper mainly studies criminal causation involving interventions. In view of acknowledgement of criminal law, the paper analyzes the characteristics of criminal law involving interventions,types of interventions and interruptions of criminal causation, and finally studies the influence of criminal causation involving interventions in the process of conviction and punishment, maximizing the function of punishment and truly put judicial justice into effect.The thesis constitutes of four chapters except for introduction and conclusion:Chapter 1 Introduction to achievements of criminal causation theories. It divides into five parts: first, introduction to achievements of criminal causation theories in China and abroad, including the studies of continental law system,common law system and former Soviet, the continental law system put forward such theories as Conditions,Causation,Relative causation and Objective culpability and the common law system put forward parallel causation, the former Soviet put forward certain causation and accidental causation which based on philosophy, it introduces the research of criminal causation in China; second, introduction of boundary of criminal causation; third, introduction of characteristics of criminal causation, including Objectivity,Sequence,Complexity,Relativity,Conditionality,Corporeality and Legality; fourth, introduction of position of criminal causation, the thesis approves that criminal causation is a chosen subjective element of crime constitution theory; fifth, introduction of the relationship of criminal causation and criminal responsibility, criminal causation is closely related to criminal responsibility, but criminal causation is not equal to criminal responsibility, criminal causation is the objective foundation of criminal responsibility and plays an important role in the process of conviction and punishment.Chapter 2 Criminal causation involving interventions. It divides into four parts: first, introduction to the concept of criminal causation involving interventions; second, introduction to the characteristics of criminal causation involving interventions, including indirect connection between former behavior and harmful result, on–will-contact joint between former behavior and interventions, two or more causal chains, and two or more chains are closely related; third, introduction to types of causation involving interventions in foreign countries, including special constitution of the victim, the act of the victim, the second act of the same accuser, and the act of third party; fourth, introduction to types of causation involving interventions in China, including the act of God, the act of third party, the act of the victim, and the following acts of the same accuser.Chapter 3 Interruptions of criminal causation. It divides into three parts: first, judgment standard of interruptions of criminal causation, that's independence,abnormality,unpredictability and size of the reason; second, characteristics of interruptions of criminal causation, that's having one or more interventions, former behavior and interventions which are independent, interventions which lead to the harmful results; third, types of interruptions of criminal causation, including the performer who implements the second act based on different intention, the person who interrupts into the criminal causation implements the second act based on different intention after the performer implements, the victim who interrupts into the criminal causation with intention.Chapter 4 Influence of criminal causation involving interventions on criminal responsibility. It is divided into three parts: first, influence of criminal causation involving interventions on criminal responsibility, including determining whether it has criminal responsibility, influencing the degree of criminal responsibility, the effects of a combination of behaviors and subjective elements on the process of conviction; second, influence of criminal causation involving interventions on the process of conviction, which refers to criminal responsibility allotment and judge whether the performer is responsible for the criminal responsibility or the interventions are responsible for the criminal responsibility; third, influence of criminal causation involving interventions on the process of punishment, including effects of degree of contact between former behaviors and harmful result on degree of punishment, effects of seriousness of harmful result on degree of punishment, effects of the spirit of law and social attitudes on degree of punishment.