Research And Construct The Causal Relationship Between Criminal Judgment Mode

Different legal culture and tradition has different legal systems. Reflected in the study of causation of criminal law, the continental law system, Anglo American law system and our country’s legal construction are based on their respective regional cultural background, so there is the thinking different. But, think that everybody is undisputed, the causal relationship between criminal has play a decisive role role for the development of criminal law, is not only a perfect theory system on crime, it is more important to guide the judicial practice. Therefore, the causation of criminal law has become the important topic which the scholars of criminal law research.At present, from the world overall study situation, study the theory of causality in criminal law, established a system of theories of two relatively obvious characteristics, although China started research on causality in criminal law is the problem of copying the socialist legal system, but in the new period of our country began to learn from the civil law or common law doctrine, in order to find solutions to problems Chinese causality in criminal law. In the theory to practice, to get rid of the traditional causal relationship between China’s predicament, must make up for the new period of our country scholars on defects causation theory research,then have a basic understanding and thinking of the continental law system and common law theory of causality, it has become extremely important.. Finally, combined with the domain of extraterritorial theory, form new knowledge on the causal relationship between the theory of system, starting from the Chinese current crime, explore the context China subjective judgment model under the criminal law causal relationship of unity, so is the idea of writing this article foothold. Research on the legal theory divorced from practice, then the theory just like castles in the air, so must the causation judgment model with the concrete case combination, to see whether they can solve the judicial problems, finally back to prove, from the objective attribution to rationality of subjective imputation model.The main content of this paper is divided into six parts.The first part, introduction. This part briefly introduces the reason of causality in criminal law is proposed, and the extraterritorial criminal causality within the domain of the overall situation and development, China should pay attention to the criminal causality research problems and significance of the research, method of writing the thesis, and finally leads to.The second part, carding and a review of the theory of extraterritorial criminal causal relationship. First introduced the mainland legal system causality theory-conditions, main reason, causal relationship and the objective imputation theory, followed by introduction of the concept of two levels of causality in the Anglo American legal system, namely the factual causality and legal causality, followed by the scholars of the screening law standard differences, and detailed introduction four different theories--proximate cause, the common concept of causality say, policy and foresee. Finally, the system of the civil law and common law, the causality theory of.The third part, studies the causality in criminal law of our country. First introduced our country traditional criminal law theory of causality. According to the historical first briefly introduces the causal relationship between China ancient naive, followed by the modern criminal law theory of causality in detail. Since the start the overall absorption mode of the former Soviet Union, so study the traditional causality by Marx materialist dialectics, scholars around the inevitable causal relationship and inevitable, fortuitous causal relationship between said debate. Secondly, focus on the causal relationship theory of China’s tradition of reflection, a detailed analysis of the face of the theoretical dilemma and practical difficulties. Finally, introduced the new understanding of the causality in criminal law of our country in the new period, the new conditions of traditional theories of causation, modified, the double causal theory of reference, the objective imputation theory reference etc..The fourth part, thinking outside the criminal causality problem domain. First of all, introduced the new understanding of causation. The fundamental reason of causality in criminal law have a great dispute is caused by the complexity of causality itself with the. Causality and some legal scholars have tried to introduce the concept of philosophy to interpret the criminal law, due to the differences between the two discipline itself has a causal relationship, eventually led to the problem more complicated. Discussion of causality in criminal law is not much practical significance for some common cases, but in a few cases, but we need to go deep into all the factors causing harmful consequences, but because of the specific historical period of our cognitive ability after all is limited. Finally, analysis of different theory. Within the domain of foreign criminal law theory of causation debate last fall on the value judgement, some scholars advocate should focus more on the behavior of the subjective aspects, objective aspects instead some scholars emphasize the behavior, which occupy the mainstream. In addition, the penal code of Germany and Japan showed no intention and negligence of the specified.The fifth part, the criminal causality judgment model. First of all, the objective attribution--conditional judgment. In the current criminal law theory Chinese, four elements crime constitution system occupies the mainstream status, following the conviction of four elements analysis of path, the causality between harmful behavior and its results should be the scope of the study of the objective aspect of the crime. The analysis here on behavior and results, only need to use conditional judgment method is enough, in addition to the current criminal law in our country there are many types of criminal negligence, to see the behavior from objective meaning caused a result is not possible. Finally, subjective Liability--guilty judgment. In the field of criminal law, the causality of criminal constitution system consistent with only. But it also cannot complete the research content of the criminal causality. Emphasis focuses on examining the activity of the human subjective sin, in order to clear the scope of criminal responsibility and the final destination. Judgment model that is able to smooth construction, this is entirely due to China’s criminal law on the subjective intentional and negligent and innocent provisions were made clear, provides the normative support for the reunification of the criminal causality judgment model.The sixth part, using the new model analysis and the specific case. Based on the unification of objective and subjective of crime explanation path system, namely from the objective attribution to the subjective liability model, find the way to study the problem of causality China under the context of criminal law, but also for the judicial staff in practice in the face of difficult cases and provide a paradigm for easy operation and has legal basis the.