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Causality Of Omission

Posted on:2021-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z J WangFull Text:PDF
GTID:2416330623973647Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of causality is a big major problems in the theory of criminal law.Since the question was raised,there are many doctrines and it can be transformed into a completely convincing standard.The problem of causality is of great significance in both theory and practice.Causality is a characteristic feature of theoretical error in the results and the objective basis of criminal imputation in practice.The crime of inaction is also a difficult problem in the theory of criminal law.The particularity of its criminal behavior results in divergent theories of the theory of inaction,and the causality of inaction has also become a difficult puzzle.The purpose of discussing the causal relationship of inaction is to pursue criminal responsibility for the inaction.Ren seeks the basis,but the punishment for the crime of inaction is earlier than the problem of causality of the crime of inaction.It can be seen that the causality of the crime of inaction seems to be a problem.After the question was raised,the academic community also experienced a long period of discussion on the causality of inaction,but neither the behavioral nature of the inaction nor the causality of the inaction has so far not yielded a convincing in conclusion.The dangerous reality theory is the latest theoretical result of the Japanese criminal law theory in terms of causality.The general theory of the Japanese criminal law theory of causality is quite causal theory.After experiencing the "Osaka Nangang Incident",the dangerous reality theory began to emerge.Many Japanese jurisprudence has also explicitly adopted this understanding,and it can be said that dangerous realistic theory has replaced the general causal status of exaggeration.In this article,the author will try to apply the dangerous realistic theory to the problem of causality of inaction.
Keywords/Search Tags:omission, causality, dangerous realistic, Possibility of Avoiding the Consequence
PDF Full Text Request
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