Research On The Causality Of Criminal Law Caused By Intervening Factors

The causality of criminal law has always been an important and complicated problem in the theory of criminal law.Causation is the basis of criminal responsibility.It can not do without the causal relationship to judge whether the perpetrator to bear their own criminal responsibility.It is important to study the causal relationship involving intervening factors between the harmful behavior and consequence.On the intervention factors,there are a variety of doctrines in criminal law: the theory of civil law system,the recency said of Anglo-American law,the double-level theory and so on.But the theory of intervention factors has been no conclusion.This thesis intends to study the problem of intervention factors on the basis of the theory of causality and double hierarchy.Based on the concept of intervention factors,this paper introduces the characteristics and types of intervention factors.Also it expounds the advantages and disadvantages of the causal relationship and the double-level theory,and then it analyzes the interruption of the causal relationship between the two-level theory.In the end,it studies the impact of causality on criminal responsibility in order to provide a reference for judicial affairs.Except the introduction and conclusion,the thesis is divided into five parts:The first part mainly elaborates the relationship between intervention factors and causality of criminal law,and the causal relationship theory related to intervention factors.The concept of intervention factors is derived from the case,and the characteristics of intervention factors are analyzed.On the basis of analyzing the concept and characteristics of intervention factors,the theory of causality is expounded,and the defects and shortcomings are pointed out.The second part mainly deals with the types of causality.Social life is complex.On the basis of comprehensive analysis,the intervention factors in the causal relationship in the form of expression are divided into two situations: criminal law causal relationship between the type and do not constitute the intervention type.Also,it carries out a certain analysis on the various situations of intervention factors.The third part is mainly about the judging of the intervention factor under the double-level theory.This is the core of this article.The double-level theory of causality is divided into factual causality and legal causal relationship,and intervention factors to determine the nature of these two aspects will from the start.It judges from the basis of the actual level,namely the intervention factors resultx in a complete interruption of criminal law causal relationship,completely uninterrupted and incomplete disruption of the situation.And then from the legal level,the thesis judges the causal relationship at which level of judgment in the process,it mainly joins the value judgments of the factors that those acts should bear criminal responsibility,those acts do not constitute criminal responsibility.The paper comprehensively studies of the significance of intervention factors,and make the final decision to bear the burden of criminal responsibility.The fourth part undertakes the third part,and discusses the principle that should be taken in judicial practice on the basis of discussing the factors.First of all,from the combination of double-level theory and considerable causal relationship,it is the theoretical guidance to judge the case.Second part is the principle of screening the intervention factors in the case.Thirdly,it is the judgment of the causality of the interrogation of criminal law causality.The main reason is that the probability of occurrence and the degree of independence of the result,the abnormality of intervention factors,the contribution of intervention factors to the result and whether the perpetrator belongs to the person Jurisdiction and other factors of the study.By examining these factors to determine whether the intervention factors eventually lead to the interruption of criminal law causal relationship.The fifth part mainly elaborates the influence of criminal law causality on criminal responsibility under intervention.The ultimate purpose of criminal law causality lies in the determination of criminal responsibility,the existence of intervention factors;criminal law causal relationship becomes more complex,and thus it will have a certain impact on the determination of criminal responsibility.It is mainly reflected in the intervention factors under the criminal law causality of the criminal responsibility of the decision whether the role of intervention factors on the causal relationship between the criminal law which determines the size of the criminal responsibility,and combined with intervention factors and human subjective awareness to make impact on criminal responsibility.The criminal law causality is the everlasting subject in the criminal field.The study of criminal law causality under the intervention is the key point of criminal responsibility,but there is no uniform conclusion in the academic circles,and there is no uniform in the judicial practice identify the pattern.Through the research of intervening factors leading to the interruption of criminal law causality,this thesis provides a way to determine the causal relationship,which can better identify the criminal responsibility of the perpetrators in order to achieve justice.