The Impact Of Intervention On The Judgement Of Criminal Law Causality

The causality of criminal law is an unavoidable problem in the criminal law theory and criminal judicial practice,whether it is the theory of criminal constitution in criminal law or the attribution of criminal responsibility in practice,it needs the support of criminal law causality.Because of its importance and complexity,the theory of causality in criminal law has always been the focus and difficulty of academic research.The theory is so vast that it is still inconclusive.In criminal justice practice,the determination of causality is further complicated by the influence of various intervention factors,this is not only a difficult problem in judicial practice,but also a difficult point in the study of criminal law theory.From the perspective of a case involving intervention factors,this paper starts with the judgment theory of causality in criminal law,and discusses the influence of intervention factors on the determination of causality in criminal law,and finally establishes the criterion for the causality of criminal law under intervention factors.Excepting for the abstract,introduction and acknowledgment,the thesis consists of four parts,totaling more than 25,000 words.Part ?: Basic situation of the case.It mainly introduces the basic situation of Hou's traffic accident case,and lists the disagreement opinions of the academic circle,that is,whether the perpetrator has a plot of death due to escape.Based on this,the focus of the case is summarized.When there is an intervention factor of the taxi driver's abandonment behavior,whether the victim's death is attributed to Hou's escape behavior.Part ?: Legal Analysis.The paper analyzes the theoretical issues behind the case,first of all,it discusses the different theories of the research object of criminal law causality,and finally establishes the research object of criminal law causality after clearing several preconditions.Secondly,based on the analysis of the traditional theory of the criminal law causality judgment standard,the paper puts forward a new criterion for judging the causality of criminal law.Thirdly,the paper defines intervention factors,including the concept and characteristics of intervention factors,and the judgment of traditional theory on the causality of criminal law in the presence of interventional factors.Finally,on the basis of the above analysis,the criteria for determining the causality of criminal law under intervention factors is finally determined.Part ?: The Analysis and conclusion of the case.On the basis of legal analysis,the thesis uses the conclusions to analyze the focus of the case,and finally draws the conclusion of the case.Part ?:The research enlightenment of this case.The paper summarizes the full text and looks forward to future theoretical research.