The Judgment Of Criminal Causation Involving Intervention Factors

In the field of criminal law, to research on the theory of causation, which is a critical problem to criminal theories and judicial practice. Our criminal jurists have researched this problem for long-term, but still has not formed common view, so that we can hardly make an accurate judgment on the relationship of the perpetrating act and harmful consequences. Especially it often exists other natural or human factors intervening the behaviors and harmful consequences, which makes it more difficult to judge the criminal causation in specific cases. This article takes a typical serial of traffic accident case for example, progressively analyzing the problem that how to judge the criminal causation when intervened other factors, this article will divide it into two steps: distinguishing the attribution and imputation, using objective imputation theory to piont the ultimate goal to imputation area, and then return to this case to discuss whether there still exists criminal causation between the advance crash behavior and the death result of the victim in case of intervening the crash driving behavior of a third person, and whether the perpetrators shall bear the ultimate criminal responsibility of this chain traffic accident.This article is divided into three parts to analyze this topic:the first part mainly elaborates the details of this serial of traffic accident case, and leads to its dispute focus; The second part is mainly to discuss the dispute focus based on legal theories that whether the intervention of the third party’s crash behavior will interrupt the causation of advance crash behavior and the victim’s death, and whether the perpetrator shall bear the ultimate criminal responsibility in this cited case. This part will make a discussion on the basic theory of criminal causation and intervention factors, and make an comment on the the limitations of our criminal causation theory in solving intervention factors so that we can find out new solutions--put the objective imputation theory into our constitution of crimes, by distinguishing attribution and imputation to make a further judgment on the criminal causation which gets involved the crash of the third party in this case; The third part is mainly to find the right location of the objective imputation theory in our constitution of crimes, and give some suggestions on the specific ways of entering our criminal law.