On The Judgment Of Causality In Criminal Law

The theoretical circle of criminal law point of view is that causality in cri minal law is behavior person to undertake criminal responsibility of the objecti ve basis, is also one of the major factors of crime objective aspects of the co nstitutive requirements of the criminal law. Behavior in on specific cases and t he results are discussed, the properties of will examine whether between behavi or and the results have causality in criminal law, to judge whether the actor h as the objective basis of criminal responsibility. Criminal causality research dev elopment up to now, there have been a lot of kinds of theories, use different t heories to analyze case, also will give different answers. And because of that, in the practice of considering the harm theory, which are used to determine w hether a causal relationship between behavior and harmful result, often do not know how to start. Therefore, the author think it is necessary to comb the cau sality of the criminal law theory. As an example in this paper, ryu traffic acci dent case discussion on causation of criminal law theory, try to use say interru pt conditions and causality analysis ryu taken after the traffic accident between behavior and zhang died results whether has the causal relationship between c riminal law, in order to deepen the causality of criminal law study, at the sam e time, the analysis of the causal relationship between criminal law and study the meaning of "escape" in traffic accident crime as well as escape of the con viction and sentencing of escape to distinguish.This paper is divided into four parts:The first part: the case of the specific circumstances, including the cause of action, facts, and opinions, to summary the Outlines the controversial focus, mainly is how to understand that the criminal law causality, the other is how to understand that the escape after traffic accident escape and escape of the c onviction and sentencing.The second part: the cases involving the controversial focus of legal analy sis. First of all, the author mainly introduces the foreign research achievements about causation of criminal law, analyzes the main theory is analyzed. In the introduction of foreign criminal law causality theories, the author also puts for ward the personal view of the theory and view; Secondly, the author introduced the our country criminal law theory of criminal law causality problem r esearch. This part mainly combed the claims about causation of criminal law i n our country. By the comparative analysis, the author pose his own views abo ut causal relationship between criminal law and reason. I respect the causal rel ationship between the objectivity of the criminal law principle, but don’t think that whether a causal relationship can not value evaluation. The author argues that based on the said conditions, and with the related theory of causality inter rupt said.The third part: the analysis and conclusion of the case. according to the c riminal law causation cognizance and hit-and-run meaning and how to distingui sh between the escape of conviction and sentencing of legal analysis, the escap e disputes research conclusion: ryu violations have causal relationship with zha ng seriously injured, no doubt, but zhang has refused to ryu to send its treatm ent, ryu zhang consciousness clear, before you leave, in action interrupted ryu traffic violations and zhang zhang behavior causal relationship between the deat h. Ryu to escape the law and its lawless driving seriously, constitute traffice of fences, belongs to the fundamental offense shall not apply to the traffice offen ces aggravate the punishment.The fourth part: from the above discussion of the case study of enlighten ment. Often other factors in the causation of criminal law process, so that the final result with previous hazard behavior between whether or not is causality i n criminal law is not a matter of judgment, use only a single causality theory analysis is difficult to get appropriate conclusion, interruption of causality theo ry to judge at this time of great value. In the judicial practice, we should com bine the concrete case analysis; And we want to apply the dialectical view of thinking, as a legal person, not simply for right or wrong judgment, each theor y there is doubt, there are also some worthy of learning, so want to split in t wo.