Reflection On The Theory Of Effect In Causal Errors

In the criminal law system of Germany and Japan,the methodology of error theory includes mechanism theory and effect theory.The theory of specific apposition and the theory of specific legal conformity are the inferior concepts of the theory of effect.It is wrong to apply these two sets of hyponymic concepts to causal relationship.The theoretical basis of the majority view and the minority view of causality error is that causality does not have to say whether it is useless or not.In the error theory,the behavior of valuelessness is machine theory,while in the error theory,the result of valuelessness is effect theory.Causality errors can be divided into three situations: the first is the narrow sense causality error,also known as specific process error;the second is the postponement of results,also known as prior intention and Weber intention;the third is the early realization of results.The traditional and general view is that causality should not be said and causality is wrong and useless.This kind of general reasoning methodology is effect theory,which has strong color of valueless result.However,the general theory of reflection,from the perspective of non value of behavior: the narrow sense of causality error can be divided into two situations:the initial dangerous flow contains the actual dangerous flow and the initial dangerous flow does not contain the actual dangerous flow;the postponement of results can be divided into two situations: the second behavior blocks the first behavior and the second behavior and the first behavior process promoting relationship;the early realization of results On the one hand,it is necessary to explore the determination of the actor to retain the suspension,on the other hand,it is necessary to judge whether the first act has entered into the implementation state,that is,to start.The accomplished conclusion of the effect theory is not improper in the process of the initial dangerous flow containing the narrow sense causality error of the actual dangerous flow and the delay of the result of the processing promotion relationship.However,as the foreword,the cases of wrong causality can be divided into the above 6 cases.According to machine theory,the essence of error is the deviation of intentional behavior risk.In the narrowsense of causality error,if the initial dangerous flow contains the actual dangerous flow,it is an insignificant error;if the initial dangerous flow does not contain the actual dangerous flow,the intentional behavior risk will have substantial deviation,which may prevent intentional behavior.In Weber's intention,in the interdiction relationship,the dangerous flow may deviate,and we can judge whether there is a substantial deviation according to the abnormal degree of the intervention factors;in the processing promotion relationship,the dangerous flow does not deviate,and it is established.In the early realization of the result,if the former act has not yet been started,there may be intentional act dangerous deviation,may block intentional,and finally establish preparatory or unexpected events;if the dangerous flow enters the implementation stage,there will also be deviation and change according to the specific situation.