Research On The Causation Involving Interviens

The point of criminal causation is always the hot topic which not only draw many eyes of academic and practitioners but also arise disputes. And, in so many theses and works, there is few idea of "the causation involving interviens". So, this paper, with the purpose of evoking more to research deeper notions, is trying to display some achievement gain in my four-yeah law study and long prosecuting job. This thesis constitutes of four chapters. It begins with the short introduction of research fruit in and out of china, then the scope of criminal causation involving interviens, which contains two tests occurred seperately in the process of conviction and punishment. At last, the paper makes a conclusion that the causation research is postive and helpful. Chapter 1 Introduction to achievement of criminal causation theories in china and abroad Understand the achievement of theories about criminal causation in and out of china is the premise and ground of our getting study in criminal causation involving interviens. Take continental law system and common law system for example, there forward such theories as Conditions,Relavence,relative causation,Objective culpability,parallel causation. While our country, larghly influenced by former Soviet, produced a discusion between "certain causation"and "accidental causation", which were coverd a philosephy color. All of these view points offered the basis and possible references and lessons。Chapter 2 The boundary of criminal causation involving interviens The concept of special criminal causation was determinated as this: the course of the happened harm result, which was caused by a previous act, but broken by other acts of some people, or the accuser himself, or by the natural factors, so as to bring an abnormal causation. The particular causation showed these differences: non-indirect relationship between cause and result, two chains or more between cause and result, the interviens are not actus reus independent of the previous act. The causation involving interviens includes the act of third party, the act of the victim, the special conditions of the victim, the act of God., and the following acts of the same accuser. This problem could be compared with "accidental causation",as our academics put it. However, they are build on different foundations. On inspecting the theories of "break off causation", "cut over causation",this paper set aside some exceptions that isnot regarded as causation involving interviens. Chapter 3 The test of criminal causation involving inteniens in the process of conviction Three aspects were chosen when examinating the test which was used to decide whether there is criminal causation involving interviens. Three questions must to be asded. First, whether the previous act and interviens do affect the harm result? If the answer was yes, then the causation could be accertained. Second, whether the previous act and interviens are within the lawful round? If it was yes, the harm result was made because of the previous act. Third, when and how probable the interviens are happened. If they were found before the certain act, or even after but was seen as abnormal, the act was liable for the harm result. That is, when the interviens were submit to the previous act and not independent, we said the previous act draw a relation to the harm result. Of course, only when the mens rea of the accuser was proved as well, he or she could be guilt of the prosecuted crime. Chapter 4 The test of criminal causation involving interviens in the process of punishment The test is not certainly provided in our statute, and there isnot great gap away from the last test. When applied that test to distinguise what the interviens are, the quantity, timing, the nature and the role they play, all of which are factors needed considered overall. The most important rule is use the aim of the law and social common sense to judge the scope of interviens. Conclusion...