The Victim In The Criminal Law Of Causality Judgment

In the theory of criminal law and criminal judicial practice, judge the victim intervention of causality in criminal law cases are still in a mess. Due to the dual effects of the offender and the victim and the main body of the particularity of the victim, make it more like the judgment of causal relationship is more complicated. The judgment system and logic of the objective imputation theory to the problems of this kind of complex has advantages, but due to the differences of objective responsibility and causality theory of structural correlation method, many scholars on whether to the objective imputation theory as a causal relation judgment doubts. And in the process of specific judgments, and did not differentiate more systematism in different situations the victim intervention’s influence, in the standard of judgment is also more generally that whether it should be attributable to human behavior conclusion, resulting in case judgment conclusion victim intervention occasion causality is still serious differences. This paper mainly studies how to apply the theory of the objective imputation on the victim’s intervention in the course of causation analysis of specific conditions change or abnormal results of the damage, the causal relationship between criminal law clear damage results with the original behavior, determine whether problem of liability fixation on the behavior. Based on this question, this paper launched the study of interventional criminal causality judgment of the victim.There are three parts in this text:the first part is the objective imputation theory is applicable to judge the rationality of the victim in the occasion causality. Starting from the structural relationship of objective imputation and criminal law causal theory, analysis the distinction between attribution and attribution mainly comes from to the disunity of causality and objective imputation on the concept, in fact contains both the fact judgment and standard to judge the content, both can be combined in the causation judgment according to the theory of objective imputation. And through to the main body of the victim in the occasion particularity and analysis of the characteristics of the double impact, clarify the objective imputation theory is used to solve the situation the superiority of causality judgement.The second part is on the victim’s intervention occasion, behavior under the domination of causal relation judgment. Through to the related to the victim in the case of specific rules:behavior made the law does not allow the risk of abnormal causal relationship and pay attention to the specification purpose to protect the review of three rules, such as a detailed analysis on the behavior person the victim involvement occasion causation under the domination of judgment. The above three kinds of judgment rules gradually progressive relationship, in order to rule out factors have no effect on the importance of legal intervention.The third part is the judgment of causality behavior under the control of the victim. The victim’s intervention mainly divided into the victim intentionally dread and agreed to harm others discussed two kinds of situations:In case the victim deliberately dread, lead to harmful consequences of a behavior is made by the victim, the victim require relatively low risk of cognition, set up a self accountability standards to loose; On occasions agreed to harm others, although the victim is but a dangerous cognition behavior is behavior person, therefore agreed to harm others situation cognitive demands a higher risk of the victim, the establishment of the self a responsibility standard is more strict. This part by measuring different occasions the victim quilt is the result of different acceptance and risk behavior made, will be the victim the establishment of a self responsibility divided into different standards, to determine the distribution of responsibilities between the offender and the victim.