The Study Of Several Theory Problem On The Victim's Physique Influencing The Criminal Law Causality

In real life, in the development of the case, the involvement of victims idiosyncratic break the relationship between the previous behavior and the causal results, because different people has different understanding of the cause and the effect, so sometimes one case has different results. Sometimes the perpetrator is not make crime deliberately in the subjective, due to the involvement of the victim's idiosyncratic, there may has the result of death, if the act under which people convicted of criminally investigated, then there will be violations of human rights. In order to better hearing in the substantive cases involve victims idiosyncratic. This paper include when the victim's idiosyncratic causal theories of different theoretical analysis, and draw it on the victim's idiosyncratic influence conviction, if convicted then What is the impact on sentencing. Through different causal theory of criminal law Comparative research to identify the theory suitable, for the trial of the cases involve victims idiosyncratic to provide a legal basis and theoretical support, improving causal theory of criminal law.First, victims with idiosyncratic problems. Now in our criminal law theory, there is no authoritive conclusion of idiosyncratic, so first,we start from the definition of physical, then identify different types, and then through some real cases, we can get the concept of idiosyncratic : those Who are different from the normal healthy people and have their own special problems, under normal circumstances would not cause harm to the body, but when there are external factors under certain conditions can cause damage to physical condition, these factors have no negative effect on the health of normal people. In the cases encountered which the victims with idiosyncratic died at last, the vast majority of the victims have disease. Therefore this paper focus mainly on specific diseases to discusses the physical expansion, (although they did not expand to discusses other types, but not mean these types of cases does not exist, but only because my limited own ability I have to start the discussion from specific body type disease and later if I have chance I will go on.) In the development of the case, the intervention of the victim's specific physical factors, thus making the results of previous behavior and the causal relations between the uncertainty, so in order to better determine the causal relationship, provide the basis for the conviction and sentencing, there is necessary to discuss this issue, find out the victim's idiosyncratic causal role in the criminal law, in order to provide evidence for the theory and practice.Second, analysis on the relationship between cause and effect of foreign criminal law issues in theory. There are always two kinds theory of causation: continental and Anglo-American countries, the continental law has research on this for a long time and the Anglo-American countries has short history but the Britain and the U.S. focus on specific cases from find the cause and effect relationship, the more targeted. Especially about the treatment of victims with specific physical problems, a judge called Judge McKinnon put forward a conclusion----- "eggshell skull rule." Therefore, in this part I will start the study according to the order of the civil law and common law. On the civil law, criminal law first proposed the theory of causation theory is "condition, said," and later appeared as "cause", "the very causality" and "causality interrupt said," and other theories is in critical "condition that "on the basis put forward in the critical" conditions that "inadequate, but also to promote the" conditions that "the development, therefore, despite the" conditions that "there are many deficiencies, But it is still the mainstream theory in Germany, Japan and other countries.In the Anglo-American countries, the research on the causal relationship between criminal law, though started late, but it also presents the contending situation, a variety of emerging doctrine, which "said proximate cause" is the earlier onset of the doctrine, later as the research questions in depth, and have been put forward, "said general concept of cause and effect", "Policy said," "anticipate, said," and other theories, although it is the study of the causal relationship is still lively debate forum, but for some of the basic theory of causality also reached a consensus, these scholars purpose of the study was to summarize by case analysis to identify different situations that can solve the causal relationship between the rules and methods. Convicted in the research process, keep in mind the subjective element of human behavior to avoid blame for the quagmire into the objective, because the criminal element is the composition of the unity of subjective and objective. Behavior is based on subjective intent, negligence or unforeseen, convicted of intentional homicide, negligence causing death and accident victims to reconsider the impact of idiosyncratic in sentence and finally combine the conviction and sentence to determine the criminal liability. Through the comparison, combined with practical case, there is involved in the victim's specific physical problems, "conditions that" more appropriate, while Anglo-American jurisprudence for the specific rules and methods, can learn the relevant theory.Third, the causal relationship between China's Criminal Law and Philosophy has countless ties, in the early "causal relationship" dominant, as the causal theory of depth, proposed the "accidental cause and effect relationship", around which the relationship between cause and effect of the research on the criminal law has a "causal relationship", "accidental causation" and the "dichotomy" (distinction between necessity and accident causation method). Involvement of victims in specific physical issues, "accidental causation" theory is more suitable, so this paper start on from the "causal relationship" and "accidental cause and effect relationship" Finally, we can reconstruct our system of criminal law theory of causation through our study on foreign and our own cases, especially when the reconstruction involve the victim idiosyncratic causal relationship.