New Discussion On The Judgment Mode Of Causality In Criminal Law

The causal relationship in criminal law is connected with the harmful behaviour that violates the criminal law and its consequences.The ultimate purpose of the relationship is to punish the persons who violate the criminal code and create danger which cannot be tolerated by the criminal law.The judging mode of causality in Chinese criminal law is deeply influenced by philosophy.It only pays attention to the determination of facts,while at the same time ignores the essence that the issue should rise to the normative level.The confusion of the two concepts,i.e.causation and causality recognition,has also led to an unclear identification of the judging mode of causation in the field of criminal law,both in academic and practical circles.The two major legal systems,represented by the United Kingdom and the United States,as well as Germany and Japan,respectively,may have different standards for the identification from the point of view of form,but in essence they have extremely similar judgment cores.They look for causes in terms of facts,and then seek the causes in terms of the legal norms.In other words,the process moves from attribution to imputation,in order to serve criminal accountability better.Currently,foreign theories are highly popular in China.However,due to differences in crime formation,it is necessary to bear in mind that we shouldn't simply copy foreign theories without taking in to consideration domestic criminal theories.In this article,the study on causality is limited to the field of criminal law.The article compiles and analyzes the judging models of causality in criminal law that are popular in China and other countries,trying to grasp the principles behind the changes and the constant commonalities.The judgment of the causation is closely linked with the criminal law,and will eventually be applied to judicial practice according to China's criminal law.Therefore,the article proposes to put the triable causal behaviour in a reasonable category,and revise the judgment model of causality in China's criminal law,based on the essential elements of crime as defined in the Chinese criminal law.