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Study On Problems Of Causation Of Criminal In Hampering Rescue

Posted on:2019-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2416330548451625Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Hampering rescue crimes occur from time to time in practice,but research on such behaviors is still relatively rare in criminal law circles.In order to fill the theoretical gap,the article described in detail the characteristics of hampering rescue crimes and their judgment problems of causality.Through the study of the basic problems of the causality of criminal law,this paper systematically analyzes the related theories of the criterion of causation,and puts forward new standards of judgment according to the theory of control behavior,so as to reasonably solve the problem of judgment of causality in crimes that hamper rescue.The article is divided into four parts,namely,the summary of the hampering rescue crimes,the basic issues of the causal relationship in criminal law,the criteria for judging the causality of criminal law,and the causal relationship in hampering rescue crimes.The main contents of each section are as follows.The first part: First,review the theoretical sources that hinder the criminal acts of rescue,and put forward the concept of such crimes,that is,in the case of a realistic and objective danger,the implementation of obstacles to the specific risk of rescue,resulting in the occurrence of harmful results or harm The scope of the expansion,according to the current criminal law should be penalized.Secondly,summarizing the characteristics of hindering rescue crimes mainly includes four aspects: the actual existence of dangerous states;the possibility of being rescued during the process of realizing dangers;the actor has implemented obstacles that do not exceed the limits;There is the possibility of understanding and control.Finally,it was pointed out that because the dangerous state does not directly originate from the actor,and its behavior is limited to the exclusion factor in the process of preventing the dangerous reality,and no direct harm is imposed,the judgment of such causality is more complex than the common types of crime.The second part: First of all,to clarify the research purpose of the causal relationship of criminal law,that is,to provide an objective basis for the attribution of criminal responsibility to someone's behavior in the event of a harmful result.Secondly,the object of research on the causality of criminal law is defined.The causes of causality in criminal law include subjective crimes,the behaviors imposed on behavioral objects,and the objective conditions they rely on.The result of the causality of criminal law is the object of behavior.There is a change in the state of existence of an orth.Finally,because causation is just a way for people to understandthings,the concept of results itself implies a demand for causality.As a relational category between crimes and results,the causality of criminal law is not an element in any crime.The third part: First of all,it analyzes and evaluates the relevant achievements of domestic and foreign academic circles in judging the causality of criminal law.It mainly includes seven kinds of theories such as the "conditional theory" and "reason theory" of the civil law system and the "facts" of the Anglo-American legal system.There is a double-level theory of causality and legal causality,as well as many judgments made by Chinese scholars that can be classified as "distinguishable from attribution and imputation" and "no clear distinction is made between attribution and imputation." Second,through sorting out some more influential behavioral theories such as causality theory and objective behavior theory,it is found that the concept of behavior in control behavior theory is the most reasonable,subjective sin should be the core and most essential element of behavior.Finally,the criterion of judging the causality of criminal law under the perspective of control behavior theory is proposed.That is to say,after examining the external behavior and understanding the subjective content of the actor,it can be confirmed that the behavior subject satisfies the subjective guilt.The requirement,and whether it conforms to the law of nature has led to the specific harm consequences stipulated by the criminal law.The fourth part: Reaffirm the value of subjective guilt,use the judging criteria of criminal law causation in the view of control behavior,and solve the problem of causality recognition in hindering rescue crimes.In other words,first of all,objective behaviors are used to examine the person's ability to know and control the hazards subjectively,and after confirming subjective guilt,if he can determine his behavior from the legal point of view,the dangerous reality process will not be effective.Rescue,and indirectly led to the endangered results,that is to determine the cause and effect of criminal law and hinder the establishment of the rescue crime.At the end of the article,the theoretical significance and practical value of the research on the causal relationship that hampering rescue crimes are pointed out.
Keywords/Search Tags:Hampering rescue crimes, Causality in criminal law, Theory of control behavior, Subjective sin
PDF Full Text Request
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