The Study Of Criminal Law Causation Affected By Idiosyncrasy

Hurting behavior appeared directly in real life. But with the development of medical science, many causes of death are victim’s ill-condition, which can be proved in the judicial authentication. Criminal Law pay attention to not only the result of death, but also subjective malice. Otherwise it violated the principle of suiting responsibility and punishment to crime. This does not reflect the justice of Criminal Law. Therefore, how to determine the crime suspect become a puzzle problem under the influence of idiosyncrasy, for not clear legal provisions and judicial interpretation. This paper is started from the definition of idiosyncrasy in the criminal law, and wanted to find how much idiosyncratic could enter the range of Criminal Law Causality. At the same time, we compared with Chinese and foreign theories about Criminal Law Causality. Through the comparison,combined with practical case, that victim’s specific physical problem how to influence conviction and sentencing. It has suggested that Cause-behavior needs double standards, not only should insist on fact, but also on the law examine. It also put forward that idiosyncrasy is different from the factors involved. The idiosyncrasy need to separate research from the theory of causality of criminal law.