Judicial Practice, The Identification Of The Causal Relationship And Grasp

Criminal law on the issue of causation in criminal law theory has always been an important and complex issue, it is between the results of the implementation of acts and breaches of the relationship between cause and be caused. According to the current national criminal law recognized the principle of guilt conceited requirements in order to allow the perpetrator of the harm caused by their actions the result of criminal responsibility, must determine the behavior of the perpetrator of the harm and harm between the results of the criminal law of causality, which determine the causal relationship for the study of criminal law is a judicial practice, the inevitable question, it is directly related to the accurate fighting crime, safeguarding the legitimate interests, protect the innocent from criminal liability, so there can not be ignored for the judicial practice of role. Because of this reason, all attached importance to the academic world of criminal law criminal law causation issues.As the complexity of the theory itself and the researchers studied differences in perspective and approach, look at criminal law theory of causation on the history of the development, and foreign criminal law theory has different opinions on this issue, failed to reach a uniform civil law there are the requisite causal relationship that the accident causation that condition, saying that the reasons for that very causal relationship and the objective of attribution theory, the common law is a two-level theory of causation. As China's criminal law the issue of causation study, because early studies by the former Soviet Union, the profound impact of the Criminal Code, the latter part of the research as a theoretical basis for civil law, criminal law in China which caused more chaos research. Contending theories of course, for the issue of causation study of continuous injection of fresh blood, and promote the development of criminal law theory of causation, but this long-debated situation continues, is bound to a certain extent, affect the actual results of criminal justice. If there is no unified theory and principles as a guide, the handling of the case must be left to investigators who own decision, which will not only affect the unity of the criminal law, but also seriously affect the handling of some cases. Because of the complexity of the causal relationship between criminal law and importance of this paper hopes to sort out the existing criminal law theory, analysis of the pros and cons of various theories, absorption abandon, put forward their views and apply them to specific cases of causation identified, with a view of criminal law theory of causation has a comprehensive understanding and a correct understanding, hoping to provide a theoretical basis for criminal justice practice, in order to better fight crime.In this paper, empirical and comparative research methods, to our criminal law theory in the causal relationship of the doctrine of the basic theory as a starting point, in the causal relationship with the accidental causation of controversy and the conditions that the reason that the defects based on the analysis, described a significant causal relationship of practical and theoretical value. Specifically, the paper is structured into the following sections:The first part, an overview of the case.Wang unloaded dump truck driver forgot to put down the car after the fight, hang up the highway over the wire, making the tanker impassable. Zhang told the same by tanker drivers who move Xu wire to the roof to vehicular traffic, speeding cars driving at this time Yang, noted the absence of collapse of the wires, the bomb down from the roof Xu, Xu After a head fell to the ground due to head injury.The second part, the focus of the case.The focus of this case, Wang and Xu's behavior exists between the death of a causal relationship between criminal law? Wang whether it should be held criminally liable? The third part, disputes and differences of opinion.There are two main, one suspects Wang violation of traffic regulations, resulting in the death of Xu, exists between the causal relationship between criminal law, Wang, traffic crime. Second, the behavior of Wang and Xu's death there is no causal relationship between criminal law, because the factors involved in the process of blocking a causal relationship, Wang is not criminally responsible.Part IV, the legal analysis.Combined with the new era of China's traditional period of the various causal theories to explain the causal relationship that occasionally cause and effect relationship that the conditions that the reason that quite a causal relationship and so on doctrines of the basic ideas, analysis of the theory of rationality and defects , analysis of the current theories of criminal law scholars pass that sum to extract their views.Part V, the case identification.By legal analysis, the author summarizes the current theory based on the causal relationship between the criminal law identified the basic ideas, the use of the ideas the author is identified in the present case the behavior and Wang Xu's death does not exist a causal relationship between criminal law, because the factors involved blocking the process of causation, Wang is not criminally responsible.Part VI, conclusions.Causal theory of criminal law criminal law is an important and complex issue, due to the complexity of the circumstances of the case and the theory of imperfect, in practice, criminal law recognized the causal relationship will exist one way or another difficulty, the existing theory can not be all right to solve practical problems, however, this time should be in line with the concept of just plain common sense and socially recognized, common sense, common sense to solve the problem.