Study On The Identification Of Causalityin Criminal Laws Under Intervention Factors

Causation theory is not only a difficult issue of the general provisions of criminal law,but also a topic of hot debate which is old but new in the theory of criminal law. Andwhat is more, causality in criminal laws under the intervention factors is the focalpoint of causation theory. The ultimate goal of the research of causality in criminallaws is to punish fits the crime accurately, to fit the principle of legality and to achievethe real judicial justice. In the single causality of crime, which implement behaviordirectly causes harm results, judicial functionaries can determine easily the criminalresponsibility that the perpetrator should undertake. However, the law cases aboutsingle causality of crime are few in the judicial practice, they will become more andmore complicated under the own actions of the victim, the second behavior of theperpetrator, the third person’s behavior or natural events. Throughout the developmentprocess of causation theory in Chinese criminal law system, the claims of criminallaw scholars on causation theory has wide divided opinions, unable to agree. And therepresentative theories are the condition theory of civil law system, the cause theory,the correspondence of causal relationship theory and the objective imputation theory.The legal causation in Anglo-American Legal System has something similar toinevitable causation theory and fortuitous causality in Chinese criminal law system.Because the standard about causality between harm behavior and harm result is notclear, and the whole law system doesn’t have a unified or scientific standards, it isdifficult to accurately grasp the relationship between the advance behavior andharmful consequence in cases of several causes and one effect in juridical practice.Theoretical study about causation theory of all over the word is still not complete, andour country constantly absorbs and learns from foreign theoretical researchachievements to complete our theoretical system. The study about the causality incriminal laws under the intervention factors is very limited in all over the world, and itis still in its initial stages, so there is a lot of research space. This paper will start fromthe concepts of the causality in criminal laws under the intervention factors andreview some theories about the judgment of the causality in criminal laws under theintervention factors. Throughout three typical cases of the own actions of the victim,the third person’s behavior and natural events in juridical practice, this paper attemptsto sort out a set of applicable reference ideas which can be used as a general judgmentto deal with the cases of the causality in criminal laws under the intervention factors in juridical practice and a standard about judging intervention factors and interrupttheory. At last, while enriching the academic achievements, this paper will putforward a perfect suggestion about the cases of the causality in criminal laws underthe intervention factors in juridical practice to provide judgment criterions for thepunishment fits the crime in juridical practice, and maximize the function ofpunishment to achieve the real judicial justice.