On Cause-and-Effect Relationship With The Intervening Clause Involved

Cause-and-effect relationship is the difficulty both in criminal law theory and judicial practice. The abstraction and complexity of the cause-and-effect relationship lead to lots of theories and an immense number of books. Based on different theories, different results are made in judicial practice, while the complexity of the objective phenomenon makes the situation even worse. The appearance of the intervening clause between the cause and the effect makes the cause-and-effect problems which are not agreed on much more difficult.Using the theory of objective imputation for reference, in this thesis, I will analyze the function of the theory of objective imputation in China crime constitution, as well as some theories with regard to intervening clause.In my opinion, in the aspect of truth, we should adopt the conditioning theory and take the "independence and abnormity" as the judgment standard; in the aspect of norm, we should decide whether there is normal relevance between the cause and the effect, and in this way, we can find a better way with regard to the cause and effect problems.This thesis consists of for parts except the introduction and the conclusion.Part I:Summary of the cases and the problems. In this part, I will presents some cases related to intervening clause in order to raise the problem that we try to solve.Part II:Discussion about the theory of intervening clause. Firstly, I will introduce the definition, the characteristics and the classification about the intervening clause. Secondly, I will analyze some criterions dealing with problems with respect to intervening clause. Thirdly, I will discuss the status of intervening clause under the background of the theory of objective imputation and the theory of the justifiable cause.Part III:Recommendation of the theory of objective reputation. Part Ⅱ consists of four sections. The first section is about the historical development, the theoretical basis, the system as well as the theoretical construction of the theory of objective imputation. The second section is about the merits about the theory of objective imputation with regard to methodology. The third section is to respond to the criticism about the theory of objective imputation. The forth section is to discuss the effect of the theory of objective imputation for China.Part Ⅳ:Discussion about the way how to decide the cause and the effect as well as legal effect with the existence of intervening clause. Firstly, I will discuss how to decide whether there is relationship between the cause and effect and its legal effect. Secondly, based on the content we discussed I will analyze the case we talked before.