Analysis On The Traffic Accident Case Of Song Et Al

The cognizance of causality in criminal law and the application of the principle of prohibiting repeated evaluation have a direct impact on conviction and sentencing.The theory of causality in criminal law mainly includes conditionality theory,inevitable causality theory,equivalent causality theory and objective imputation theory.At present,the theory of equivalent causality and the theory of objective imputation are basically used to judge the causality of criminal law.These two theories distinguish the causality of criminal law from the causality of facts,and hold that the causality of criminal law should be judged on the basis of the causality of facts.The core problem of the theory of equivalence is to judge the"equivalence" of an act:the judgment of equivalence can be based on the life experience of ordinary people in society.Under normal circumstances,when an act produces a certain result,it can be considered that the act and the result have criminal law causality.The objective attribution theory clearly distinguishes "attribution" from "imputation",and absorbs the essence of the theory of equivalent causality about the affirmation of equivalence.On this basis,it develops a triple test rule.It also stipulates a series of exclusionary rules such as "possibility of avoidance of result" to avoid too broad imputation.The principle of prohibiting repetitive evaluation is the requirement of justice of law.Although the principle is not clearly stipulated in our law,the principle of determining and punishing the number of crimes in judicial practice has embodied the inherent spirit of the principle.