The Test Of Criminal Causation Involving Interviens In Judicial Practice

The causation of criminal law is one of the most controversial topicsin criminal field, and the criminal law involving interviens has bothacademic research and practice exploring value. At present, the debatesabout the causation of criminal law are no longer new. The previoustheories emerged in the debates have enriched academic research, but havealso brought some problems of the test for Judicial Practice. Especiallyin the base level practice department, those theories have made thejudgment of the complex causation more confusing. The author hopes canstate own thoughts about the test of criminal law involving interviensthrough using simple knowledge on the topic.The whole thesis can be divided into three parts:Chapter One introduces some relative theories about the causation ofcriminal law, providing the theoretical support for the followingstatement. And it introduces the research object, the principles andthinking modes in research procedure, providing the direction andplatform for the following research. Chapte Two mainly expounds and summarizes the basic theories ofcriminal causation involving interviens. It first summarizes the generalcharacteristics of interviens, then discusses specific characteristicsof established and unestablished interviens of criminal causationrespectively. According to the possible conditions that may appear in theJudicial Practice, the author itemizes four kinds of interviens,including the natural factors, the own factors of victims, the second actof doer, the act of a third party, and discusses the test of criminalcausation under these four kinds of interviens.Chapter Three not only summarizes the specific situations of theprevious chapter, but also summarizes the test of criminal causationinvolving interviens in Judicial Practice. Before the summary, therelationship between criminal causation and criminal responsibility ismade clear, and the practical value of carrying on the test of criminalcausation under such condition is made sure. Then, the author furtherdiscusses the conviction causation and sentencing causation, andsummarizes the methods of testing these two kinds of causations.In summary, the author employs the research mode of"theory-practice-theory", hoping make clear this type of difficulty inJudicial Practice, and form a simple, convenient testing methods that canbe applied to the complicated cases in real life.