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Study On Determination Criterion Of Causality Of Criminal Law

Posted on:2017-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhengFull Text:PDF
GTID:2296330509457980Subject:Law
Abstract/Summary:PDF Full Text Request
The basic content of this paper includes six parts. In the introduction part, the core content mainly focuses on the problem of causality in criminal law, and has discussed three aspects of this issue to clarify the basic problem. In the first chapter,this paper focus on the basic theory of causality in criminal law, which contains the concept, characteristics and the position, and tires to illuminate the controversy and clarify the basic question that what the causality in criminal law is. The second chapter is aimed to analyze the cognizance criterions of the causality in criminal law.The third chapter is an empirical study, which tries to reveal the attitude of the courts to the causation theory around the Adequate Theory, by using the empirical research methods, with the help of Peking University Law(http://www.pkulaw.cn/)court case database platform collected in recent years. With the judicial cases about the criminal causality, this paper is going to make a case study analysis, which tries to uncover the criterion of judgment on the problem of causality in criminal law. The fourth chapter is to rethink the causality theories in criminal law of our country, and to compare it with the theories in civil law countries, and to reaffirm the point of view of this paper,and finds the problems existing in our traditional theories by learning from the experience of the civil law countries, and gives some conclusions and recommendations. The conclusion part. In the end, make a brief review of the core content and the logic structure of the full text, and focuses on the criminal causality criterions in our country, and to make a prospect forecast and outlook about the whole issue.
Keywords/Search Tags:Causality, Empirical Research, Adequate Theory, Objective Imputation
PDF Full Text Request
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