Study On The Judgment Model Of Criminal Causation

Criminal causation is a difficult problem in theory and practice.Looking abroad, Scholars have developed many theories of causation, but all of them have failed to satisfactorily solve the problem.Our theoretical research on criminal causation is inadequate, and the role of theoretical research and theoretical position is not quite match.The field of basic theory of criminal causation issue deeply divided,the application is also quite chaotic,and the determine patterns of criminal causation is missing.Therefore, on the basis of defining and clarifying the basic theories of criminal causation issues and learning from related theories of Civil law system and Common law, the author trying to build Judgment model of China's Criminal causation.In addition to the preface and conclusion,the main part of paper is divided into three parts:The first part is the definition of basic issue to the Criminal causation,including the status definition and characteristics of Criminal causation.The author believes that the establishment of causation, only to provide an objective basis to bear the criminal responsibility.Causation is an optional constitutive element of crime, not a general constitutive element of crime.Criminal causation refers to criminal law provisions, cause and be caused relationship between harm behavior and harm results in line with the objective aspects of crime which can affect the criminal responsibility."Normative" is the essential features of Criminal causation.The seeond part is the foreigner Criminal causation theory.summed up the Criminal causation had experienced the attribution to imputation.And then to analyze the Germany recently influential theories-the objective imputation。It has transcended the scope of causality, the objective imputation itself has many problem, in addition, our country criminal law theory didn't introduce objective imputation environment. Therefore, we can not ventured into the objective imputation,but its approach is to our research is very helpful.The third part is an study on the identified model of China's Criminal causation.Based on the study of the relevant theories, we know "Normative" is the essential features of Criminal causation.ln essence, the Criminal causation identified as imputation of judgment.and that, it is a kind of legal interpretation. Through the research on the unity cognizance standard of Criminal causation.the author believe it may not establish a uniform standard.But a reasonable explanation framework is possible, also be necessary.The framework according to Criminal regulations.According to the criminal law constitution of crime causal relationship divided into three types of roughly law: the basic composition of causality, the results of causality and aggravating make the causality plot aggravating committed. According to the composition of criminal. Criminal causation is divided into three types of roughly.including the consequential offence, results aggravating committed and plot aggravating committed. Comprehensive analysis of each element of crime and other factors that will influence Judgment model of Criminal causation.These factors include behavior, results, crime object, subjective factors and criminal law concept, principle, criminal policy, etc.