Research Onthe Theory Of Criminal Law

The purpose of researching the Criminal Causation is to deal with the attribution problem, not to replace it with the contents of the philosophical causation. While all researching criminal causation in our country to find the solution from the necessity, contingency and so on.the content of these areas itself is lack of clarity, and although these areas can be defined, it cannot provide a clear and reasonable guidance for the delimitation of the punishment range, which make the researching of the criminal causation more complicated, and not to guide the practice. The theory of the criminal causation in the common law and the civil law has already matured. This paper try to change the perspective through the introduction, detailed review and reflection of the western theories, using the experience of the factual causation and legal causation theory that may be the best choice to go out of the philosophical maze of researching the criminal causation in our country. This paper still define some problems, such as the character of the criminal causation, the objects of researching, the objective and duty of researching and so on, making the scientific embodiment of the concept of the criminal law.The articles consists of four chaptersThe first one is about the basic concepts of the criminal causation, pointing out the awkward predicament that faced by the criminal causation theory in our country, finding out the problems in the theory. In order to lay the foundation for us to further comparing and reference the foreign theory.The second chapter is to define the basic contents of the criminal causation, and make the clear explanation of the objective and the status of the criminal causation and the relationship with the criminal responsibility.The third chapter is mainly discusses the questions about the theory of foreign criminal causation and my consideration. Commenting the researching situation of the civil law and the common law and proposed a series of questions about some of these theories, thinking about the disadvantages and advantages, try to provide the new thinking for going out of the theoretical researching dilemma in our country, providing the theory value and reference foundation for reconstruction of criminal causation in our country.The fourth chapter starts from the ’double level theory’, that is, the factual causation and legal causation, determine the criminal causation in our country should weaken the traditional theory, such as philosophy, we should adopt the different standards affirm the factual causation and the legal causation, standing for establishing the defense system of causation, and puts forward the causation problem of the joint crime.