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Causal Relationship Between Criminal Law

Posted on:2007-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:B GuFull Text:PDF
GTID:2206360212470443Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal Law is a causal relationship Elements with the results and the relationship is a causal relationship between crime constitutes an essential element of sentencing based on the causal relationship between practice and theory, the role of the "essential similarity" and "deformation of committing" crimes constituted a division that sentencing causal relationship with the elements that constitute a causal relationship, sentencing causal relationship should be given independent status in the system. My theory of causation, however, particularly in the judicial practice, there is no causal relationship between philosophy and legal distinction between different causal relationship. For so-called "conditions" and "reason" for the distinction, not only in theory is hollow, vague and did not operable. Criminal neglect on the causal relationship between its own characteristics, judging system planar, lack of values, judgment, a lack of corresponding rules, and judicial practice causal relationship led to the arbitrary judgment. Western theories of causation causal relationship, attribution theory that the objective of establishing the causal relationship between such theoretical draw. Causal relationship is the essence of the universal experience of the community in general to judge the conduct and outcome of the very nature of the rules of conditions, from the objective reality of the level conditions rule, its essence is the fact that the reasons for judgment And the objective attribution theory, in a considerable judgment from the normative purpose, and from a different angle on the negative causal relationship test, which can cause a fact inconsistent with the purpose of regulating the reasons to be excluded, thus ensuring a choice of a causal relationship with the meaning of Penal evaluation, from the perspective of standardized options because of the facts of restrictions is a causal relationship between the legal standard of judgment.The author calls for the establishment of a two-tiered system and the relevant causal judgment exclusionary rule, in conjunction with the "legal conditions that will," "objective, attribution theory" reasonable. Specific cases to establish guidance to the relevant rules, with a view to improving the judicial system were judged causal relationship to avoid causal relationship recognized by the arbitrary, subjective. The basic framework of feasibility studies,...
Keywords/Search Tags:causal relationship between the two levels of risk, attribution objective of the exclusionary, rule to allow ownership
PDF Full Text Request
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