Research On The Causality Of Criminal Law Under The Intervention Factor

The causal relationship between the intervention factors is the focus of the criminal law theory;the difficulty of the wise see the benevolent see benevolence,scholars from different angles put forward the views of different.We all adhere to the word,no agreement.Due to the lack of a unified and effective criteria to judge,to the judicial practice has brought difficulties,the same case of different circumstances have occurred.Doctrine is an active expression of theoretical research,but the unity of the judiciary has seriously damaged the judicial authority.Irresistible,only to clarify the role of intervention factors on the causal relationship,and the essential characteristics of intervention factors in order to promote the causal relationship.The thesis is divided into four parts:introduction,text and conclusion.The text is divided into four parts:The first part of the causal theory comb.Causality is an unavoidable problem of criminal law theory,so the Chinese and foreign criminal law theory has carried on the research to this question.In the civil law system,the research time earlier,the theoretical results are more open to the conditions that the reason that a considerable causal relationship and objective attribution.In the Anglo-American law system,the formation of a unique dual-level causal theory,the first level is the fact that the second level is the law to determine.In our country,followed by the former Soviet Union's criminal law theory,scholars put forward the inevitable causal relationship and accidental causal relationship.The second part is the definition of intervention factors.Some scholars have defined the intervention factors,but there is a lack of definition,there is no reasonable limit to the scope of intervention factors.In fact,the intervention factors are intervention,risk,substantive,independence,diversity and other five characteristics.By revealing the characteristics of intervention factors,this paper suggests that intervening.factors include both interruption and other types that can not interrupt causation but that have a detrimental effect.Taking the characteristics of intervention factors as the evaluation criteria,the intervention factors are analyzed,and some cases that should not be regarded as intervention factors are negated.The third part is the judgment method of causality between intervention factors.This part first analyzes the causes of the causal relationship between the intervention factors,and then combs the judgment methods proposed by the scholars at home and abroad.Then,it is suggested that the intervening factors should interrupted the causal relationship,and not only the intervention factors that cause the result of the final hazard independently,and intervention factors to be abnormal,unpredictable.According to this,this paper argues that this paper analyzes two situations that do not interrupt the causal relationship.The fourth part is the specific judgment of the causal relationship between intervention factors.According to the previous classification,the causal relationship between different intervention factors is analyzed.