The Study On Criminal Judicial Identification Of Causal Relationship

Criminal justice practices aim at conviction and sentencing, the basis of theconviction and sentencing is criminal constitutions, and the premise of criminalconstitutions lies in the causal relationship posed by criminal behavior and harmfulresults. Causality in the criminal law sense on the one hand combines the behaviorand punishment， as the basis for attribution, on the other hand, limites theestablishment of the crime and makes the appropriate punishment，as a means tolimit the expansion of the penalty power. Therefore, to find the causality in thecriminal law sense becomes the premise that establishes whether or not the crime.Civil law countries and common law countries are more detailed in theoreticalstudy on the causal relationship,and develop a number of theoretical systems,because of its more attention to the interaction of theory and practice, thedevelopment of theoretical system of civil law countries reflects an active role to thepractice. The study on the issue of causation has been a lot since the founding of newChina, but the traditional research is mainly based on the theory of researchproblems in the field of criminal law, from a philosophical point of view. Recently,with the rise of foreign theory and research methods transplant, our theoreticalresearch began to shift to practice, and practice guiding significance has becomemore obvious, and formed a theoretical system with practical value.The nature of criminal justice is that the application of the criminal law, issubsumtion of the behavior that is against social order and a legal interests to the law in the way of a certain mode of thinking, the whole process is the operation of a wayof thinking, which represents the specific way of thinking by legal occupationalgroups, and this way of thinking is related with the fate of persons associated withcriminal behavior. Criminal law punishment and prevention function is an extensionof this thinking operation. The attitude of the legal occupational groups toward thecausal relationship equals to the real value of that in a sense. If the judges, theprosecutors simply take the elements of the crime to judge all cases, then it will resultin guilty recourse way of thinking, although this way of thinking owes a broad livingspace in contemporary society. While, if they firstly take the identification of thecausal relationship, they can more accurately judge the case, which will help preventguilty misses, enhance the judgment of the scientific and persuasive, and avoid theoccurrence of erroneous cases greatly.Judge’s free evaluation of evidence is the core of criminal justice, the concreterealization of the way of thinking, is the subsumption of each case that the process hasa strong inertia and occupational characteristics. Each judge in the process of growingup will not consciously followed the previous inertia of thinking, will be marked withthe stigma of judges groups, and this mode, once formed, is no longer easy to change,why the judicial practice applicable theory update behind the theory. In the currentjudicial practice, more of the judges in our country take the "guilty recourse" way ofthinking and the permit process of conclusion to the process of argumentation, whichcan not avoid the drawbacks of the preconceived. In some cases of social influence,this abuse has emerged, such as "Sanlu milk powder Gate" case challenged theconviction and sentencing of the three main culprits of Shanghai "11·15" fire caseinvestigated the scope of responsibilities of the personidentified，etc. To negate thecausal relationship between conviction and sentencing can be described as "drastic".Therefore, the judicials must examine the significance of the causal relationship aswell as its position in the case, the social impact of the judgment.This article will take different approaches in different parts: firstly, take acomparative and historical research methods to explore the different theories profile athome and abroad; secondly, take logical analysis research methods to explore the theory of objective imputation the content and judicial cognizance ideas; finally, takethe empirical analysis to achieve the guiding theory of causation case to trial. Thisarticle focuses on the empirical analysis part, and doctrine as well as history pavesthe way for a judicial determination of the ideas putting forward. As space is limited,in this article the combing of the doctrine goes on only for the doctrine of the statusquo, and I will not pay too much attention to history of the doctrine; investigation onthe rules of causation only takes basic form of constitution of crime as a reference,anddoes not involve other patterns of crime. This is the context of this study. Thecombing of Chinese and foreign causal relationship between theory and China’sjudicial practice are intended to provide a guide to the theory of judicial practicemethods of operation, in order to provide a reference of the judges free evaluation ofevidence, and ultimately accurate judgment of conviction and sentencing persuasive.