Research On The Causality Of Criminal Law Under The Intervention Factor

The causality of criminal law has always been the focus of debate among many jurists in the field of law.The purpose of this research is to blame the perpetrators reasonably,so it is of great significance in judicial practice.In a simple causal chain,it is easy to determine the criminal liability of the perpetrator,but in judicial practice,a single hazard directly leads to a rare result,and there are often some intervening factors that may occur.Interrupt the cause and the law of the development of the relationship,and cut off the link between the first action and the hazard result.This paper studies the causality of criminal law in cases of interventional factors.Based on the general theory of the theory in the field of law,this paper analyzes the concept,characteristics,types and criteria of criminal law causality under interventional factors,and then studies its conviction and sentencing.The impact of the law to allow the judiciary to better maintain social fairness and justice.This article is divided into five parts: The first part is an overview of the theory of causality in criminal law.It introduces the conditions of the civil law system,the reasons,the theory of causality,the objective attribution,the common cause of the Anglo-American legal system,the general concept,the policy theory,the foresight,and the inevitable causality of our country.Accidental causality theory,high probability causality theory,objective attribution theory,etc.The second part expounds the concept of causality in criminal law under the intervention factor,summarizes the characteristics of chronological,probabilistic and complex diversity of intervention factors,and analyzes the five types of intervention factors,namely the intervention of the third person.The intervention of the victim,the intervention of the second act of the perpetrator,the intervention of inaction,and the intervention of natural factors.The third part introduces the criteria such as the magnitude of the precautionary behavior,the magnitude of the interventional factors,the degree of abnormality,and the degree of independence.The fourth part is the influence of criminal law causality on conviction under the intervention factor.Firstly,it introduces the influence of the precautionary behavior on the conviction of the basic behavior of the crime,the aggravation of the result,and the aggravation of the crime.Later,it introduces the degree of abnormality of the intervention factors,the degree of independence,the intervention factors and the advancement.The legality of the act or not on the impact of conviction.The fifth part analyzes the relationship between the preemptive behavior,the intervening factors and the results,and the impact of the specific circumstances of the intervention factors,the legal spirit and the social concept affect the sentencing.