Initial Discussion On Causality In Criminal Law

How to confirm whether there is causality in criminal law or not is not only a task of theoretic value but also one of practical meaning, we should find out the reasons of legal research value from all kind of complicated reasons of truth, and then carefully confirm the behavior with causality in criminal law according to the principle of subjectivity consistent to objectivity.Through remarking on observation status of traditional causality in criminal law in Anglo-American law system, continental law system and our country's traditional law, after observing success and shortage of all kinds of theory, the writer puts forwards his own theory: "the new double-level reason theory", The writer thinks, while observing one person's behavior in relations with its harmful results, firstly finds out all the reasons and conditions which caused this harmful results, as the actual basis, this is first level. Then according to one normal person's prediction ability and behavior person's specific prediction ability, we judge whether the behavior person can predict the taking-place of harmful result or not, then confirm the legal reason of causing the harmful result, this is second level. If yes, it means there is causality between harmful behavior and harmful result, then there is objective basis that the behavior person should undertake criminal responsibility. Otherwise, there is no causality between harmful behavior and its result; the behavior person should not undertake legal responsibility.New double-level reason theory is based on and derives from the research fruit of causality theory in Anglo-American law system, also continental law system and our country's traditional criminal law system, it also combines the double-level reason theory of Anglo-American law system and condition theory and corresponding causality theory of continental law system, and make new research under the background of justice practice. By confirming the reason of truth and legal reason saying in New Double-level Reason Theory, we finally confirm the harmful behavior caused by harmful result. If this behavior complies with other necessary condition of committing a crime, then we can decide the person of performing the behavior should undertake criminal responsibility. The writer hopes this article is helpful to criminate and mete punishment in legal practice.