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The Research Of Criminal Causation Involving Intervention

Posted on:2015-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2296330431986470Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal law judge in criminal theories of causation lot of controversy,various theoriesare endless, Throughout the civil law, the conditions that says quite a causal relationshipwith the objective imputation theory in the end what the dominant theory, scholars indifferent countries have different views, there are differences even within the samecountry theorists and judicial practice. In China, the theory in the end theorists say still existsthrough intense discussion, but when it comes to judging causality of the most controversial oneproblem we have to mention the factors involved in the presence of causality judgment.In thispaper, three in practice are more representative of difficult cases leads to the existenceof the criminal law the causal factors involved in the problem to determine therelationship between the three types of factors involved in the case of the victims wereinvolved in their own behavior, the behavior of a third party intervention and naturalfactors involved in three of the most common situations. These cases relate to the behaviorin case of damage and harm results in a normal contact, whether due to other factors involved inleaving normal causal link was interrupted problem. Factors involved in the causal relationshipis under question. For the judgment under criminal law of causality are different factorsinvolved in the doctrine advocated by different criteria, but there are also the value oflearning from each other, Causality judgments in the field of judicial practice in Chinatoday, the objective causality rather more reasonable proposition to say that the doctrineof inherited conditions, said a good advantage to make a more objective judgment ofcausality and easy to determine; Such an approach on the one hand to cover the range ofconditions, said the reason drawbacks too broad, while overcoming quite subjective andeclectic to say the causal relationship subjective judgment of liability and causationconfused drawbacks. Fairly objective causality said first acts endangering the resultadvocated the role of size, unusual circumstances and factors involved in the factorsinvolved in the effect of the size of the harmful results, these three aspects of the factorstaken into account in accordance with the principle of majority eventually come tojudge causality results. Finally, the article also attempts to determine the method of sucha causal relationship to solve different types of problems opening the case to determinecausation raised, and eventually come to solve practical answers to difficult cases.
Keywords/Search Tags:Causality, Interventions, Judge
PDF Full Text Request
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