Study On The Interruption Of Causality By Intervention Factors

The causality of criminal law plays an important role in the criminal law circle.It is not only the precondition for the conviction and sentencing of the perpetrator,but also the objective basis for the conviction and sentencing of the perpetrator.But because of its complexity and diversity,especially on the cognizance of causality in entities involved factors,both in theory and in judicial practice,all did not form a unified standards,opinions vary,in part to the judicial practice workers in the case of causality brought trouble.Starting from a real case in judicial practice,this paper will make a theoretical analysis of the causality involved in this case,and on this basis further analyze the research on the interruption of causality caused by intervening factors.Part I: basic information of the case.The perpetrator Lin,li will stun the victim in the middle of the road,a minute later the victim was crushed to death by the car.In view of this case,there are three different views,which are the crime of intentional injury(causing death),the crime of intentional injury,and the crime of intentional injury combined with the crime of intentional homicide of inaction.On this basis,two controversial issues are extracted,which are whether the causal relationship between the antecedent behavior and the death result of the vehicle rolling behavior constitutes an interruption and whether the death result of the victim should be punished by the driver.The second part: the jurisprudence analysis around the dispute focus in the case.Firstly,the basic concept of causality and the theoretical theories about causality in criminal jurisprudence are sorted out.The advantages and disadvantages of various theories are clarified from the perspectives of the continental law system,the Anglo-American law system and the existing theories in China,and then the author's reasons for supporting the "theory of equivalent causality" are elaborated.Secondly,the causality of intervention factors is analyzed.The difficulty of this kind of causality is precisely because of the existence of intervention factors,so the analysis of this kind of causality in this part is mainly from the characteristics of intervention factors and the classification of intervention factors.Finally,on the basis of the analysis of the intervening factors,this paper further discusses how to judge whether the intervening factors constitute interruption to the causal relationship.The third part: according to the first part of this paper put forward the dispute focus were analyzed one by one,it is concluded that roller compaction behavior of intervention did not interrupt the defendants' leading behavior and the causal relationship between the victim death results,two of the defendant with the result of the death of the victim in the criminal responsibility,constitute intentional injury(deadly)conclusion.The fourth part: expatiate some enlightenment in the process of analyzing this case.In the case of causality of the intervening factors,the analysis of the intervening factors is the breakthrough of this kind of case analysis.In the future research on the causality of the criminal law,the analysis of the intervening factors should be emphasized.