Mechanism Of Causal Relationship In Criminal Law Under The Intervening Factors

Where there is a result, there will be a reason. In adhere to “responsibility conceited”, finding the cause of the result is especially important in the criminal law field where the criminal liability may be applied, and thus the problem of causality in criminal law is not only a difficult problem need to be solved in the judicial practice field, but also a long lasting research emphasis in the academic field. Scholars have been explored this issue for hundreds of years while deepening their understanding of the exploration, constructing their own cognitive system of this problem, due to which a large amount of theories have been formed. The vigorous development of the theories promotes the research of this problem. Meanwhile, the complicated theories extended into the judicial practice field have caused the cognition trouble of the criminal causality to the case. A more complex situation related to the causal relationship in criminal law is that in the process of the development of the case, intervention factors are added to which put forward a new challenge to the study of scholars. Faced with the diversity of these theories, no clear stipulation made by the criminal law to this problem, as well as complicated actual cases, the multiple intervention factors, causal relationship in criminal law under intervening factors should decide which path to follow. Taking Lee's arson case as an analytical perspective, this paper aims to investigate the relevant issues of the criminal law causality under the intervention factors.Part one: the introduction to the basic situation of the case. On basis of the brief review of the case, and handing peoples' different opinions and reasons about how to deal with this case, the essence of the controversies will be summarized, which leads to the thesis needed to be analized of the problem.Part two: jump out of the case,analysis of the legal issues will be involved in the controversial focus of the case. This part mainly consists of the following subsections: First, analysis the relationship between the criminal causality, subjective fault and criminal responsibility; second, screening intervention factors, namely the identification of the scope of intervention factors; third, based on the evaluation of the multiple and contends theories, finding two logic analysis method, along the way of thinking direction and based on the “interruption of causality theory”,considering multiple criteria, in order to obtain the solution of causality in criminal law; forth, combine this judgment mechanism with the specific typed intervention factors, analysis the specific performances of the causality in criminal law under different circumstances.Part three: on the basis of legal analysis, we need to analysis and answer the focus of controversies in the case one by one, and finally to draw conclusions about the case.Part four: give a brief exposition on the warning of the case itself and the enlightenments obtained in the process of jurisprudential analysis, and hope it can be helpful to promote the research of relevant legal issues.