Judicial Determination Of Interventional Factors In Causation

The concept of causality is one of the oldest concepts formed by human understanding of the objective world.As an important condition for judging whether an actor constitutes a crime,it acts as a non-negligible role.Because of the complexity of causality and the variability of objective things,causality is more complicated in practice.It is often said that adapting to different causality claims will lead to different conclusions,making justice lose its fairness.The value of justice.If other factors are involved in the causal chain,the problem of finding the cause and effect relationship will become more serious.Intervention factors are one of the inevitable phenomena in practice.We cannot ignore the value of their existence and the impact on causality.Therefore,this paper mainly introduces the value of research intervention factors by introducing the theory,and analyzes the current situation of intervention factors in practice,and finds the problems existing in the identification process and the reasons for the problems.Finally,it puts forward the views and solutions to the problems and causes in practice,and provides a single force for the common improvement of causality theory and practical application of intervention factors.The main body of this article mainly consists of four parts,the specific contents are as follows:The first part elaborates the basic theory of intervention factors and analyzes the value of judicial identification of intervention factors.This part integrates the definitions of intervention factors among scholars from all walks of life,grasps the core points of defining intervention factors,and defines the intervention factors.At the same time,combined with its conceptual points,the characteristics of the intervention factors are summarized,and the types of intervention factors are classified according to different occasions,so as to make judicial recognition.Finally,it introduces the connotation and recognition level of judicial identification of intervention factors,and analyzes the value of judicial recognition of intervention factors.The second part is an empirical analysis of the judicial identification of intervention factors in causality.This part collects and classifies the current status of judicial determination of intervention factors through case collection.Firstly,it analyzes the types of intervention factors,classifies the intervention factors that appear in practice,and analyzes the status quo of judicial recognition.Secondly,analyzes the cause and effect.The status quo of the identification criteria of the intervention factors in the relationship identification;then the analysis of the identification method of the intervention factors in the causality determination;finally,the influence of the intervention factors in the causality determination is analyzed.Through a series of empirical analysis,we can easily identify the problems and propose effective solutions.In the third part,we find the problems in the judicial determination of the intervention factors in the causal relationship,and analyze the reasons for the existence of the problem.Through systematic analysis of many types of cases,we find that the judicial identification of intervention factors in practice has the following four specific problems: first,the type analysis of intervention factors is not comprehensive;second,the causal relationship between intervention factors and damage results The standard is not clear;third,the method of determining the causal relationship between the intervention factor and the damage result is not scientific or objective;fourth,the influence analysis of the intervention factor on the causal relationship is not systematic.In addition to analyzing the existing problems,this part also analyzes the causes of the problems in detail.For example,the relatively authoritative academic research results of causality and intervention factors are few,the necessary ability and method of judicial personnel's legal methods are lacking in practice and reference Extraterritorial theory is too dogmatic and other reasons.The fourth part proposes an effective way to solve the judicial determination of intervention factors in view of practical problems.Firstly,the system proposes a comprehensive analysis of the intervention factors and gradually types,based on the indirect causality theory and practice framework,introduces the "conditional" and "equal" judgment criteria,and constructs a typed model for the identification of intervention factors.Secondly,the judge is required to practice.When identifying the intervention factors,choose the objective and scientific identification method;then advocate learning the Japanese practice rules,use different identification standards for different types of intervention factors to identify the causal relationship;finally emphasize that the judicial organs should accurately analyze the types of different intervention factors for the damage results.The extent of the impact and the amount of power that is exerted throughout the causal relationship.From these four aspects,the factors involved in causality are identified to achieve the purpose of attribution and attribution.