On The Possibility To Avoid The Consequence

The possibility of avoiding the consequence is not only the specific content of the causality theory of criminal law,but also a content that cannot be neglected in the constitutive elements of crime,especially for the establishment of negligent offense and omission crime.The possibility of avoiding the consequence is a very important problem in the negligent crime and inaction offense,especially about the damage results of imputation.The possibility of avoiding the consequence is elements of crime,which results in the imputation,specific judgment about the possibility of avoiding the consequence,there are different theoretical opinions and practices,based on this,this paper is the subject of this problem,this article is based on the possibility of avoiding the consequence,and discusses in detail the judgment of the possibility of avoiding the consequence and the practice of the result imputation.The influence of the possibility of avoiding the consequence on the result imputation,this paper analyzes the possibility of avoiding the consequence overview,which contains the source of this concept of the possibility of avoiding the consequence,on its meaning,analyzes the unification of the "results",the scope of legal substitution and determination of possibility.Secondly,based on the possibility of avoiding the consequence present situation of development at home and abroad,the article points out the possibility of avoiding the consequence development directly reflected in the constitutive elements of crime and causality theory,which is the key for the establishment of negligent and inaction offenders as well as impacting on the imputation of the result.The theoretical value of the possibility of avoiding the consequence is how to guide practice,so by discuss the possibility of avoiding the consequence overview,the third part of the article about how to concretely cognizance the existence of the possibility of avoiding the consequence,deny meaning of legal substitution behavior,protective scope of the rule and normative condition theory of the possibility of avoiding the consequence.This paper puts forward a specific method of judgment combined its meaning,that is insisting on the thinking method of the hypothetical causation,judges the paths of hypothetical results,at the same time,based on the correlation between the substitution behavior and the assumed result so that can cognizance the possibility of avoiding the consequence normative.In the process ofidentification,pay attention to the unity of the consequence,limit the standards of the legal substitution behavior,and finally fix the "possibility" of avoiding the consequence.When determine imputation,it's important to distinguish different situations,the possibility of avoiding the consequence is difficult to determine,the general theory of criminal law exclude imputation,but according to the principle of risk raising,the act of negligence raised risk that consequence confirm objective imputation.If the result is inevitable exclude imputation,but at this time it is different from the way of imputation of hypothetical causation.Because the hypothetical causation is also discussed in the theory of causation,and it does not affect the identification of attribution,therefore,not only cautiously apply to the possibility of avoiding the consequence to the theory of causality in practice,but also distinguish the confusion between the possibility of avoiding the consequence and hypothetical causation.