A Considerable Causal Relationship Theory Reconstructed

Causality in criminal law, whether in theory or in judicial practice torture, occupies a very important position. Not only is it a crime constitutes an important part of the theory of judicial practice, but also a solution to the key points and difficulties. Therefore, in criminal law of punishment law field, causal relationship has always been popular with scholars' attention.Different law, the punishment law scholars from different countries with its unique perspective causal relationship problems of criminal law makes a thorough study, also presented their views and theories, is anyone's guess. Get, For example, the proximate cause of the Anglo-American law said, ordinary causality said, policy said, prevision said, etc.; Continental law system country conditions said, cause said, relative causality theory etc. Although the criminal law scholar of the causal relationship between the numerous, but theories, scholars of ling ling on many issues, and not form a unified amazingly, the understanding.Our country criminal law of punishment law field, although the causal relationship between the theoretical study started earlier, but by the former Soviet union for early severely affected from the outset, for some philosophical concept, in philosophical questions of entanglement and strife in, mainly formed two big mutual opposing points of view: necessary causality and inevitable, accidentally two said. In unity, is bound to lead to the judicial practice that difficult. This paper tries to relative causality theory, combined with the other theory is based on the reasonable factor, reconstruct causality, trying to find the theory that new way of criminal law, causal relationship for our country's punishment law construction contribute.This paper is divided into five parts, about 32,000 word.The first part, introduction. This part of the criminal law causality are mainly introduced, and the research status of the theoretical study of necessity to continue.The second part, the basic problems of the causal relationship between the criminal law. This part of the mainly introduces the definition of criminal lawcausality, research objective, status, main characteristic and research objects. The third part, the criminal law causal relationship between main doctrine and the evaluation. This part of the major continental law system of Anglo-American law system and the main causality theory, theory, and the causality in China are introduced, and the theory development of these theories put forward his views and evaluation.Fourth part, the reconstruction of the causality theory and its application. This part of causality is mainly by the theoretical basis to investigate criminal law theory to reconstruct causality, the new theory in the reality of specific application and reality remains to be the research question.The fifth part, epilogue. Summing up the study of causal relationship, and points out that the important significance of the causal relationship.