| The causation of omission crime is different from the causation of commission crime,and the causation of omission crime is assumed causation,and there is no actual comparison of causation.The possibility of avoiding result is an important premise for determining the causation of omission crime.In omission crime,attribution and imputation are interlaced with each other,the difference between them is not significant,and the final destination is still the normative level of imputation,so the method of determining the causation of the crime of commission cannot be applied to the crime of omission.The traditional theory of causation can not be applied to solve the problem of determining the causation of omission crime,risk reduction theory arises at the historic moment.The theory of risk reduction doesn’t violate the traditional theories of causation,such as the theory of condition and the theory of quite causation.The risk reduction theory does not reject the correlation between omission and result,and it determines causation based on the fact that has already happened.Therefore,the risk reduction theory does not violate the principle of dubiety of crime,nor does it transform the consequential crime into the dangerous crime.In the context of risk society,the application of risk reduction theory is the need of criminal policy,which is conducive to the protection of interests.The application of the risk reduction theory may expand the scope of criminal responsibility,which is not conducive to the protection of human rights.Therefore,it should not be expanded to all the fields of omission crimes,but it can be applied to the fields of crimes that violate the major legal interests and the fields of crimes with professional and new characteristics.These areas are necessary for imputation from the perspective of the complexity of the causation and the seriousness of the consequences.Therefore,the typical application fields of risk reduction theory are the fields of endangering the legal interests of life,medical crime,public hazards crime and network crime. |
