The Causality Of Criminal Law Study

The causality of criminal law is an important research topic in the theory of criminal law system, which is reflected in two aspects of the theory of criminal law and judicial practice. On the one hand, its system since the modern generated controversy constantly, many researchers have proposed relatively scientific research principles and methods, but still does not form a can be accepted by most scholars; the other hand, the judicial practice is an urgent need to solve this problem, because the determination of the judiciary in determining the criminal cases are often inseparable from the cause and effect relationship. Due to this, the author of the spirit of the theory into practice and purpose of the Criminal Law causality selected master’s thesis.Criminal Causation in the debate on the Criminal Law has been a century of history, made during the theoretical range. In this paper, on the basis of the main doctrine, that the Criminal Causation study requires bypassing China on this issue "accidental" and "necessity" doctrine of the dispute, drawing on the two-tier model of the causal relationship of the common law, namely the Criminal Causation The study consists of the fact that the causal relationship between research and legal causality research. The judgment of the fact that causality adopted two standards, namely the absence of this behavior will not happen, or retain only the behavior of the results the same will happen, the behavior is the result of de factor reason. Legal causal relationship is the focus of the study of Criminal Causation and all kinds of theories, the main focus of the debate, while the studies are sometimes affected by other factors of social policy, the complex circumstances of specific cases, and sociology. Therefore, to accurately distinguish between the criminal law of causality and philosophical sense the similarities and differences between the causal relationships is particularly important. This article believe that the fact of causation is subject to the guidance of the philosophy of causation, the study of the law of causality more to reflect the nature and characteristics of the criminal law of causality, the concept of research and the philosophical sense is quite different. That is the legal causal relationship from the perspective of the criminal law is determined according to certain standards has caused to be caused by the relationship between cause the results of the fact that the causes and specific results. Study of the criminal law of causality for a particular behavior, the relationship between results and prior to the study, causal relationship can not determine the nature of the behavior and results, and thus whether the conduct and results of particular social significance can not determine, that is not the conduct and results dangers such as other conditions limited the scope of the study of Criminal Causation. Points of view, of course, from the perspective of the judicial practice of specific organs usually have reasonable grounds to suspect that normal behavior or result to occur, as the object of the criminal law of causality research. Legal causality judgments sometimes need to consider subjective factors in order to determine, therefore this article intends to Criminal Causation classified to the liability theory.The Criminal Code of the special type of causal relationship is unique, omission crime causality determine the cause, not to the direct effect of behavior on the results as criteria, but from the point of view on some social significance to determine specific the behavior and a causal relationship between a particular result. Better reflect the difference in the philosophical sense, the concept and therefore omission criminal causality. Joint offense causality has the integrity and independence, which means that common crime causality need to determine the cause and be caused by the relationship between all the acts and the specific results from the overall, but also need to study each actor to implement the relationship between behavior and results. In the face of the complexity of China’s increasingly serious environmental crime and environmental crime causal relationship between the specific process of recognition, that China’s criminal legislation should be introduced to the presumption system for determining the causal relationship of environmental crime.