Font Size: a A A

Objective Imputation Theory Judges The "attribution" Of The Interventional Factors

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiFull Text:PDF
GTID:2516306029478154Subject:Law
Abstract/Summary:PDF Full Text Request
Causality of criminal law is an enduring study in criminal jurisprudence,in which intervening causes play an important part.The “cause-result” logical method couldn't make culpability judgment of intervening causes.There are two questions need to be solved.Firstly,the causality theories including Conditioning Theory,Equivalent Causality and Objective Zurechnung Theory look like a thousand flowers blooming,then which is the best theory to solve the intervening causes.Secondly,it turns out the problem of mixing facts and evaluation as well as lack of logic in judicial practice.By comparing the different causality theories,the Objective Zurechnung Theory turns out normative and worthful significance in judging intervening causes.Theoretically,it is suggested.Besides,“Attribution—Zurechnung” Bisection Method distinguishes the issues of facts and evaluation in judicial practice.Based on facts judgment,using the Objective Zurechnung Theory to do norm judgment is the best method to clear the practical logic.
Keywords/Search Tags:Intervening Causes, Causality, Objective Zurechnung Theory, Culpability Judgment
PDF Full Text Request
Related items