On The Definition And Consummation Of Causality In Criminal Law

The conventional criminal theory of the composing of crime which contains four parts is quite a perfect system .The cause-effect relationship of the criminal law is not only an important matter of criminal impersonality harm, but also a selectivity one. As the bridge between harm behavior and harm result, it should reflect objectively the internal relationship between them. Therefore, to understand the c ause-effect relationship of the criminal law correctly, has great importance to consummate the theory of the cause-effect relationship and account for the criminal liability. But, as the hypogyny definition of the composing of crime which contains four parts and an important part, there is a lot of analysis the cause-effect relationship of the criminal law among the criminal scholars. But they have obvious divarications in the status and function of the cause-effect relationship of the criminal law. The writer consider that there is warp causality in criminal law The writer considers that there is warp in the definition and orientation of the concept in theory. It lead to the great confuse during the actor be prosecuted for the criminal responsibility in juridical practice. In this thesis, the writer divides it into seven parts: Part one dissertates constitution of crime , the subjective aspect ofmalfeasance objectivity of causality and subjective fault.Part two conducts the research the status character and hierarchy of causality in criminal law Part three analyzes the viewpoint of hierarchy of causality in criminal law home and abroad, evaluates the rationality and limitation of them , Consequently, a favorable theoretic base can be set up to built a theoretic doctrine.Part four analyzes the general theory of the Criminal law scholar and amend the traditional necessity theory.Part five constructs dual-level inevitability theory of causality in criminal law, the actor be prosecuted for the criminal responsibility by subjective fault.Part six attempts to dissertate the interpose, interruption and investigate into the criminal responsibility, attempts to provide instruct judicial practice.