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Research On The Aggravated Consequential Offense Of Causal Relationship

Posted on:2019-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:S ZengFull Text:PDF
GTID:2416330566495390Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the legislation of aggravated consequential offense in our country is loose,the standards of recognition in the field of practice are confused,and there are different opinions on theoretical research in the academic field.The result aggravated crime is that for the established criminal facts,there are more serious consequences as determined by law,and then the original penalty is aggravated.When analyzing the causal relationship between aggravated consequential offense and consequential offense,scholars have not reached a consensus.The common viewpoints are: conditional theory,equivalent causality theory,objective imputation theory and so on.From the actual results,the first two theories are caught in the vortex of attribution,and there is no special research on attribution.the author thinks that the judgment of the causal relationship of the aggravated crime focuses on the re-judgment of the legal causal relationship based on the factual causal relationship,that is,the objective attribution theory.On the basis of fact causality is conditional theory of causality theory,aims to solve the problem of whether the behavior and the result objectively caused and caused by the existence of the relationship,on the basis of legal causality is dangerous theory of limited causal relationship range,aimed at solving the caused results can be attributed to the behavior itself.
Keywords/Search Tags:aggregated consequential offense, causal connection, objective imputation, intervening act
PDF Full Text Request
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