Shallow Discussion Causality In Criminal Law

It is well known that, criminal causality, which is regarded as a significantconcept in the theory of the constitution of crime, is an objective basis for thesuspects to undertake the criminal responsibilities and to constitute an importanttask in the legislation of criminal law and the criminal judicature. In presentlegislation and judicial practice, some people claim that if there is no criminalcausality between a person’s act and the harm, the person doesn’t need toundertake the criminal responsibilities for the damage. Therefore, criminalcausality plays a significant role in the theory system of criminal law. In presentjudicial practice, the criminal causality is not always evident and easy to judge,on contrary, sometimes it is difficult for us to analyze. But a more complicatedcircumstance in the criminal causality is that the original causality involves anew criminal causality. Whether the newly-involved causality interrupts theprevious causality’s regulation of development and whether the previousbehavior exist causality with the damage and how to weigh the possible effect from the newly-involved factors in criminal punishment are important subjectsfor criminal theorists and the authorities.This essay tries to take the case of Zhang’s crime of endangering publicsecurity with the dangerous method as an example, to analyze and study the newcausality that stops the causality in what conditions. This essay chooses a truecase which happened in shanghai. It focused on the controversy anddisagreement to analyze and discuss. Besides the foreword, It mainly consists offive parts.Part one, the cause of the case. Namely, the case of Lu and Zhang’sendangering public security with the dangerous method.Part two, the fact of the case. This section excerpted a real case whichhappened in Shanghai. Lu is a bus driver. Because the passenger, Zhang stoodthe second step after he got on the bus. Lu advised Zhang to move towards theinside but Zhang refused. Because of words dispute, Zhang hit Lu who wasdriving the bus. Lu abandoned the bus that was moving and fought with Zhang.At last, their behaviors resulted in a severe consequence. The court sentenced Lu and Zhang’s endangering public security crime with the dangerous method.After the accident, for the definition of the quality of Zhang’ behavior, thereare a variety of views in both theory and practice.Part three, the focus of the case.After the accident, how to define Zhang’sbehavior, there has ever been a violent argument. There were three differentviews: firstly, Zhang’s behavior constituted a crime, constituting a crime ofendangering public with the dangerous method. Secondly, Zhang’s behaviorconstituted a crime, constituting a traffic accident crime. The third, Zhang’sbehavior was not a crime at all, just a general law-breaking behavior.Part four, the analysis and discussion. This part will mainly analyzeZhang’s behavior carefully. It was a crime or a general law-breaking behavior. Itwas a crime of endangering public security with the dangerous method of acrime or a traffic accident.Part five, conclusion of study. The author tries to express his own views through the analysis of the case.