The Overtaking Cause

Overtaking cause is a kind of causal relationship about criminal law, which means how to indentify the relationship that a negligent crime violated his obligation at the assumption of results. Because it is discussed commonly concentrated between Conditions said and quit causality said, rarely about overtaking cause, but introduced details, how to define and determine is in the air. The dominating standpoints——affirmative and negative said, make the big difference. The scholars who support the affirmative one have different ideas about the issue that whether it worths imputation: someone approves imputation, someone disclaims liability since no different consequence happens to the doer who performs legally or not, another opinion is that different cases need different theory. Judicial practices almost rely on discretion,pressures from public opinion or some other solutions of relationship, just like presumptive relationship, which made different judgments in different districts. The Author holds the idea that if we can work out the solution of the two sections, causal relationship and culpability, criminal negligence will go farther.For this reason, the article mainly introduces the views from German,Japanese and Chinese scholars, analyses the bifurcation problems, then relates and analyzes the viewpoint based on all above: affirm the causal relationship , different cases make different culpability according to the victim factors .