On The Theory Of Criminal Causation Study

The causality in criminal law is an important problem in theory of criminal law and is always the field in which have arguments and variety of new theories. Continent law system of causality in criminal law has inevitable causality doctrine, accidental causality doctrine, condition doctrine, cause doctrine, considerable causality doctrine etc; British-us law system has the viewpoint of double-deck cause doctrine in theory of causality in criminal law. Some criminal jurists of our country in the process of researching for the causality in criminal law had the debate in inevitable causality doctrine and accidental causality doctrine in the past. Now have discussion about the fact causality doctrine and legal causality doctrine.Inevitable causality doctrine and accidental causality doctrine are to remove the concept of inevitable causality and accidental causality in Marxism philosophy category, in order to research causality in criminal law and correct the content of concept in philosophy category. If using the concept of inevitable causality and accidental causality in Marxism philosophy category to analyze causality in criminal law, the subject for research in theory of the causality in criminal law, the subject for research in theory of the causality in criminal law hasn't inevitable causality, only having accidental causality, the theory of the causality in criminal law hasn't inevitable causality doctrine, and only has accidental causality doctrine. But for the process of causality happened in reality, inevitable causality and accidental causality can't be parted, it is not scientific that the causality in criminal law is divided into inevitable causality in criminal, so inevitable causality doctrine and accidental causality doctrine have defects. Condition doctrine thinks everything is the condition that occurs result logically, have equal value for being all conditions and reason that occurs result, this has not only enlarged the scope of criminal responsibility, but also makes the mechanical materialism mistake of metaphysics. Reason doctrine that occur result, with a lot of conditions are relative should, put forward will special strong and important condition is to occur result reason, other conditions is simple condition, but the standard of simple condition and reason but is a outstanding problem. Inevitable causality doctrine, Accidental inevitable causality doctrine,Condition doctrine, Reason doctrine only when a layer surface the fact layer surface of causality research the causality in criminal law, it is also to offer fact foundation for the causality in criminal law only, so cannot develops the research for causality in criminal law correctly. Considerable causality doctrine, with behavior and the subjective knowledge of general person ability is standard to judge the causality in criminal law have, have put forward the subjective decision criteria of person further, for really the transformation of causality has offered basis for the causality in criminal law. But should say for the causality in criminal law have is standard purely with the subjective knowledge of person, have made the research for the causality in criminal law fall into the wrong mire of subjective idealism, have so negated the objectivity of the sleepy fruit causality in criminal law.Legal reason and the fact reason of beautiful law system double-deck treat reason to say will the reason of the relation between cause and effect of criminal law divides into fact reason and legal reason two aspects, study as a organic whole, all contents that have revealed the relation between cause and effect of criminal law comparatively completely and the solutions of the relation between cause and effect of criminal law the problem on criminal law. Should say for us really develop the research of criminal law of relation between cause and effect is have reference meaning.When developing the research of the causality in criminal law, we will insist the utilization of Marxism philosophy general theory and the guidance of methodology and emphasize the particularity of the causality in criminal law. Since really causality and the causality in criminal law two around different layer surfaces, development is for the research of the causality in criminal law, After the judgment that carries out causality in fact first on philosophy layer surface, on criminal law studies layer surface the judgment that carries out the causality in criminal law, the relatively serious harm result that occurs from reality starts with, adoption pushes method by result to the country of reason, seek all reasons that arouses this harm result, the judgment that carries out causality in fact, on this foundation, more is for causality in fact further with the standard of criminal law distinguish. Those that screen person violate causality between punishment harm behavior and relatively serious harmresult, the causality in criminal law, so completion is for the research of the causality in criminal law. Therefore the subject for research in theory of causality in criminal law is also the causality in fact on philosophy layer surface and the causality in criminal law on layer surface with criminal law.