Research On The History Of Causality Theory Of Chinese Criminal Law

Though there are a lot of cases regarding the determination of causality in theReference to Criminal Trial annually issued by the Supreme Court, there is nocommon theory on the causality, resulting in dispersed criteria of causality in criminaltrial practice. Therefore, to find a causality theory which are suitable for the currentrealities of China and universally applicable is an urgent demand. However, thecausality theory of China is en exotic one, even the necessary causality theory andcasual causality, the called traditional criminal causality theory are not native theory.This Article will investigate into the process how criminal causality theory is admitted,introduced, developed and changed, to find a universally applicable causality theory.From the perspective of the history of Chinese criminal causality theory, it is a trendfrom politicalization to the standardization of causality theory. Therefore, the historyof Chinese causality theory can be divided into two periods, namely the philosophicalcausality period and the legal causality period. Apart from the introduction, thisArticle are divided into three parts.The first part gives an inspection into the history philosophic causality theorywas introduced and developed in China. And the history will be divided in to50,80,90three periods and discussed individually. The traditional causality theory are notonly philosophic and political, but also has features as inaccuracy and difficulty inapplicability, which makes it not suitable for being a criteria of the determination of causality in practice.Part Two introduces causality theory in civil law system and common law systemand gives an inspection into the evolution history of the two theories after theirintroduction. Legal causality has more accuracy, the judges can quickly determinewhether there is a causation and wether a criminal liability shall be imposed based oncertain causality theory. The dual causality determination pattern is more operativethan the causality determination pattern of civil law system. Besides, the conditiontheory in civil law system extends the scope of criminal punishment and thecorresponding causality theory, as an improved version of condition theory is difficultto apply in practice due to the uncertainty of the corresponding relation.Part Three analyses the application of these causality theories in practice, andaims to discuss the adaptability of these theories in judicial practice. Besides, authordissects a comparatively wholesome and detailed theory, i.e. the objective imputationtheory and take it as a reference to find a more practicable and universally applicablecriminal causality determination criteria for judicial practice.