Causality Of Criminal Law

There are a variety of opinions on cause-and-effect relationship of criminal law based on arguments from different theories and values, law and culture. As so far, scholars have not made agreements on the research objective, research subjective, research methodology and specific application of the cause-and-effect relationship of criminal law. Nowadays, the research on the theory of cause-and-effect relationship from different countries all over the world has formed two dramatic different systems, which are civil law system vs. common law system.The debate on the theory of cause-and-effect relationship among scholars in criminal law area has never stopped. There are tremendous conflicting views on the position of causal relationship in criminal law, on the arguments of "necessity" and "Chance", as well as on the judgmental standard of cause-and-effect relationship. Unfortunately, there is no ideal Criminal causal relationship theory so far. In most judicial practice, most investigators determine the existence of cause-and-effect relationship according to their own wills. Based on the investigation of causal relationship between basic research areas of the Penal Code, Common Law and the Criminal Law causal relationship between the theory and concise view comments, this thesis proposes a new viewpoint of "integrated assessment", and aims to build a more comprehensive theoretical and practical causal relationship between the new frameworks of China's Criminal Law. Overall, of the thesis has a total of 30,000 words, in addition to the preface, this work is divided into four parts. The structure and content of the whole thesis is expressed as below:The first part is the introduction of the cause-and-effect relationship. First Criminal causal relationship from the perspectives for the purpose and role of research analysts, Criminal Law causal relationship constitutes the crime for the purpose of the study was to provide an objective basis for objective, rather than a direct assertion of crimes which lead to crime. Review of the Criminal Law through different perspectives, that "the people" and "harmful results" between the two phenomena arising from the relationship with (who commit acts against the causal link between the results), are the object of Criminal causal relationship; on the causal relationship between the characteristics of the criminal law. Criminal causal link between the philosophy of causal relations in the specific application of the criminal law, they are common and personality, special and general relations. Research should focus on the causal relationship between criminal particular, objectively causal relationship through the criminal law to be concerned about the causal relationship; Criminal study on the causal relationship. Author believes that the criminal law should be changed from the previous method of natural science to the study of knowledge—to replace the logic method and the comparative method. Instead, we should pay attention to civil, criminal causal relationship between common law and the positive results, forming the basis of theoretical research methods for an easy operation.The second part is the foreign criminal causation theory. Organizing causal relationship to the civil law system through the main contents of the "conditions", "reason" and "causal relationship", there are objective and subjective viewpoints that the three are not unified, lacking of practical feasibility and other deficiencies. Author investigates the main arguments of the "proximate cause", "foresee", "common causal relationship", "policy" in the common law system, and argues that these four viewpoints are not totally correct in terms of cutting off the relationship between "facts" and "laws". It is obvious wrong to treat cause-and-effect relationship as pure "facts" or "legal", leading to the problems of hard applications in practice.The third part is the national criminal law theory of causality. First, author introduces two traditional viewpoints of criminal causa] relationship in national law system, which are "causal relationship" and "inevitable occasional causal relationship with the distinction between". Entangled in too much focus on the "inevitability" and "Chance" from philosophical perspective, these two viewpoints neglect causal relationship between the subjective factor, and legal policy research. Secondly, author discusses the causal relationship between the new trend of the new era Criminal Code. By analyzing the contents of the "objective attribution theory", author argues that "objective attribution theory" is merely confined to the Criminal Law causal relationship between the above conditions, thus, weakening the role of criminal law causal relationship. Finally, the causal relationship between the current exposition of China's Criminal Law are still inadequate, consequently, it is necessary to reconstruct China's criminal law theory of causality. Part four, the "comprehensive evaluation"—rethinking of the Criminal causal relationship. "Integrated assessment" refers to the specific meaning of the causal relationship to the main objective of two parts. Manpower thinking constitutes an organic whole, and thus causes a causal relationship with the phenomenon fully clarified."Comprehensive evaluation" on the theoretical basis of the criminal law is objective, statutory and double-edged. The causal relationship is not only a fact; the more important it is a legal issue. It must be a causal relationship between the subjective choices of the Criminal Law, which has value inside. Criminal causal relationship is reflected in two ways : First, it is easy to avoid the judgment in fact joined the subjective factor. This is a subjective element in the general community to judge objectively. Second, as the responsibility of elements required in criminal law, it contains explicit provisions in the law embodied. This is a value that has legal attributes. Thus the causal relationship between criminal law should be used to judge both objective and subjective evaluation of the integrated approach. To treat cause-and-effect relationship as a "purely objective" is wrong. By applying the theory of "comprehensive evaluation" to analyze the individual cases in practice, we will recognize the theoretical and implemental values of this new theory. To the end, the theory will provide a new perspective on solving specific judicial problems in criminal law practice. T...