On Special Intervening Factors In The Criminal Law Of Causality Identified

In theory of criminal law on the identification of the causal relationship has been a more difficult and complex issues, judicial practice has not yet accurate judgment standards or findings, combined with various causes and consequences of the strange situation in real life, the realityoccurred case, the correlation between the first act with harmful results of cases has been difficult to obtain accurate qualitative and effective grasp. Make some research on the identification of the causal relationship in the theory of criminal law, a real case from the Supreme People’s Court Criminal Division, combined with the angle of this dispute for this case relating to the criminal law of causality identified by criminal law scholars and research on criminal law theory of causality, combing each on the issue of causation many theoretical and views, focusing conditions with the objective imputation theory a certain extent, depth, combined with our traditional criminal law theory the inevitable causal relationship between theory and occasional causal relationship doctrine, closely linked to China’s judicial habits discusses finally, the special intervening factors in the case causation of the Criminal identified, to sort out a practice routine of thinking as handling the case reference involved from three categories of factors that the behavior of the victims themselves, the third person’s behavior and external factors were explored and extended through our own thinking to follow the law of causality judgment process, and then back to the present case specific analysis. Order by the play of practice judicial practice support certain theoretical thinking.