On The Causality In Criminal Law

Causation plays an important role in criminal law.It is an objective basis to determine the criminal responsibility of the suspect .That is why it is a tough task in the criminal judicature. This article analyzes the causation in criminal law in two aspects of fact and law by referring to the theory of 'two level causation' in Anglo-American criminal law. The factual causation is the connection between actions and results which objectively exist. This connection existing naturally and it is related to a human beings' subjective knowledge or the law. It is necessary to find the factual causation in criminal law among the complicated factual connections under the objective and determinable principles when judging factual causation. The research on the factual causation should be guided by the philosophy of dialectical materialism, but the causation in philosophy and criminal should not be confounded. The causation in criminal law is not only factual causation but also the causation stated by law. The factual causation is the premise and foundation of the causation in criminal law, the legal causation is the essence of the causation in criminal law. Legal cause is a valuable part in law, because it is considered to be a factual cause, that the actor should take the liability for the harm that he did according to the law. The law causation informs of the law legislated by nationality.It is the process of judgement by judicial authority according to the rules and principles in law. It also connects with a human beings' subjective purpose. The causation in law is the unity of factual causation and law causation. Only when there is causation between a certain criminal activity and harm resulting in both fact and law, the criminality could be confirmed having the causation with the harm resulting in criminal law.Causation in crime of omission is analyzed later.It is another special causation that creates much controversy. There also exists factual and law causation between act of omission and the harm resulting from it. Causation in crime of omission is the objective ground of calling to the criminal liability from the actor. In fact, there are two either bad or good possibilities for the social development inside the object. Theactor doesn't fulfill his duty who would have done it according to law. He plays a crucial role in pushing the contradiction into the negative direction and so helping the more worse option to become reality. Act of omission is such a kind of power that bad possibility turns into reality without any positive helps. Although this power does not act on the object directly, but it exists objectively. In law, the resulting harm is caused by the reason that the actor does not fulfill his responsibilities because of a certain conduct. In this case, the actor not only breaks the law but also brings the harm to the society. In the crime of omission, the specific duty of the subject is a key from position in the causation in crime of omission. This duty is stated by law and it is an important expression in causation in crime of omission.