The Research Of Related Causal Relationship Caused By Idiosyncrasy

In recent years, the cases of idiosyncrasy class are increasing yearby year, as been typed. How such cases should be convicted and sentenced,no relevant legislative provisions expressed. As the understanding ofcausal theory of criminal law in our idiosyncrasy theory community isslightly different, it comes to the result of different judgments for thesame case in practice, which will affect the judicial injustice. Thispaper mainly discusses the following aspects.The first part is an overview of the basic problems of the constitutionof victims. This usually starts with the physical concept, and then tothe idiosyncrasy concept, which is different from the characteristics ofnormal healthy people. The effect of its own particularity is unlikelyto cause any harm to the health under normal circumstances. However, whenthere are external factors that may lead to the harmful results of thephysical condition. By digging into the characteristics of idiosyncrasycases in recent years, we can analyze the behaviors leading toidiosyncrasy deaths, which are generally unexpected behaviors,intentional injury, and assault and abuse behaviors causing the diseaseonset. And then discusses how the research of victims’ idiosyncrasy worksto the causal theory of criminal law that is the effect of conviction andsentencing.The second part discusses the theoretical analysis of idiosyncrasycausal relationship abroad. Foreign researches on the theory of causality separate to civil law and common law. This article discusses the relateddoctrine of civil law and common law in turn. The earliest civil lawdoctrine of causality is the "conditions", and later on the basis of thisreason, comes up “causal relationship "," causal relationship interrupt"and “causal relationship condign” doctrines. The latter three criticalthe insufficient of “conditions" as well as promote its improvement anddevelopment. Today, the "causal relationship condign" is the prevailingdoctrine in Germany and Japan. In common law, although the study ofcausality starts late, there still comes up a lot of doctrines."Proximatecause" is the earlier doctrine, with the problem promoted and thetheoretical study deepened,"foresee","the concept of common cause andeffect" and other theories have been proposed. Today, scholars of thecommon law have reached a consensus to the basic theory of causalrelationship. Through analyzing and summarizing the relevant case, theysum up rules and methods to solve different situations of causalrelationship. This section first cited above theory, then comparativeanalysis of the specific physical causality one by one.The third part is the theoretical analysis of relevant causalrelationship of idiosyncrasy in China. Due to the closing causality withphilosophy, the "causal relationship" theory has been dominated for a longtime. With the deepening of theoretical research, the “occasional causalrelationship "doctrine turns up. This section first discusses the "causalrelationship" and the “occasional causal relationship”, around therelationship between the two, analyzes the causal relationship ofidiosyncrasy cases, and finally reconstructs China’s causation theory andproposals for legislation and practice.