The Theory Of The Causal Relationship Of Aggravated Consequential Offences

As a special type of consequential offense,aggravated consequential offences,in our country,will bear the direct aggravation of the statutory penalty because of the specific aggravated consequential.So it has been regarded as the product of consequentialism,because of the excessive severity punishment.Under the background of the criminals development,in order to make the aggravated consequential Offences meet the requirement of the principle — "punishment should be its crime".The theory of restricting the application of aggravated consequential Offences has been required.The causality of aggravated consequential offences,as an important link between the basic behavior and the result of consequential aggravated offences,has been an important and difficult problem to study the application of restrictive consequential aggravated offences.In the theory of causation of aggravated consequential offense,there are three opposite theories: the direct element,the objective imputation theory and the equivalent causation theory.The direct element holds that only when the implementation of the basic act and the occurrence of aggravated consequence are directly related,then we could recognize the aggravated consequential offence.The theory of responsibility puts forward more specific and normative substantive criteria for determining the causation.The theory of equivalence causation has been reformed,which has becoming a new judgment methodThe realization of danger.If the behavior making a specific dangerous with consequences and causing aggravated consequences,the establishment of causation of aggravated consequential offence can be identified.Up to now,there is still no final conclusion about the causality of consequential aggravated in our country.The justice dealing with relevant cases also has great differences in different courts.Therefore,we need to base our own legislation to see which theory is more suitable for our current theoretical system.The theory of direct relevance not only neglects the protection of victims,but also does not adapt to some cases of aggravated consequential offence in our country;the theory of objective imputation is restricted by the theory of social stratum in our country;in contrast,the causal relationship of aggravated consequential offence in our country should adopt the theory of modified equivalent causal relationship.