The Criminal Law Judicial Identification Of The Causal Relationship

The causality of criminal law was not mentioned in the rules about crimeconstitutive elements, even though the general principles of criminal law was notmentioned the issue of causality either. But both the theory and the practice oftenconsider it as a rule, that causality is an element which cannot be avoided in the crime.Criminal Causality becomes an issue which puzzled for a long time in judicialpractice. At present, the application of criminal law practice is very complex, a singleand simple doctrine has been unable to interpret and apply in judicial practice. Thejudgment about the causality of criminal law is always considered as the problem ofcriminal law both in theory and in practice, so we can not use the causality inphilosophy instead. It’s really important to identify the causality of criminal law injudicial practice. It’s the reason to bear the responsibility that we always attribute theresult to the perpetrator’s behavior. The Criminal Law is not only to punish the crime,but also protects the innocent people from punishment. How to identify the causalityof criminal law is related to the citizens’ trust. We use an example to explain theimportance of the causality of criminal law: A biker knocked down a pedestrian, andthe pedestrians was dead when he was in the way to the hospital. So should the bikerbear any responsibility? If the biker is considered as the killer, it’s a seriousresponsibility. But if the biker is considered as responsibility of the perpetratorbruises, the responsibility will be less. So it’s really important to identify the causalityof criminal law in judicial practice.There are25,000words in this article, and it contains3chapters. In the firstchapter, I introduce the concept of causality. It’s about philosophical and legalconcepts of the causality, the concept about the causality of criminal law, theconnection between criminal law and philosophy of the causality. In the secondchapter, I introduce the theoretical and judicial status about the causality of criminallaw in common law and in continental law system. It includes the theories in lawsystem, such as “the policy theory”,“the foresee theory”,“the general idea theory”,“the proximate cause theory”,“the conditional status theory”,“reason theory”,“the objective imputation theory”,“the causal relationship theory”,“the interventiontheory” etc., and analyzes the strengths and weaknesses of these theories. and thestandard of judging the causality in Japanese and Germany judicial practice. In thethird chapter, I include the theoretical and judicial status about the causality ofcriminal law in China, put forward a new thought, analyze the case, and draw aconclusion that the new thought is really suitable.