The Influence Of Interventions For Criminal Causation

Get involved a factor problem have been being penal code to learn a medium important contents, the abroad has already had a research, but domestic to to compare with night, the research start of this aspect.This text synthesizes the research achievement of domestic and international expert scholar, and combine my think, the feeling, think, grind, with the province southern City Chen Mei Juan of Jiangsu throws poison case for example, the point research gets involved factor under of penal code cause and effect relation problem, particularly is the interruption problem that gets involved a factor to relate to to the penal code cause and effect.This text is totally divided into three parts, is gone into detail as follows:The first part is a review that the process to the case and case take up a circumstance, thus to details of case and take up a circumstance to contain whole understand and confidence.Second part is to dispute part of law analysises in the case.The contents is again divided into three parts:(A)Mainly pass problems like the rightness"the meaning and characteristic, the influence of the relation upon the pertaining to crime responsibility of the cause and effect within penal code and the penal code cause and effect relation agent of penal code cause and effect relation go into the type of factor, get involved the characteristic of the factor bottom penal code cause and effect relation and get involved the characteristic of the factor bottom penal code cause and effect relation interruption",etc of thorough of analysis and research, accurate judge this victim high blood pressure in case, diabetes of relapsing and breaking off the accused person’s hurl poison the behavior and victim die result of the cause and effect of relation problem.(Two)The thorough analysis and research that mainly passes to the problems like"accused person, Chen Mei Juan, in advance throw poison the behavior cause victim six orchid English death result of the risk is smaller, the doctor’s misdiagnosis this gets involved a factor person, Chen Mei Juan, come to say to have to foresee sex and can not control sex to the accused",etc, accurate judge a doctor’s misdiagnosis whether breaks off accused person hurl poison the behavior and victim die result of the cause and effect relation of.(Three)Mainly pass problems like the rightness"intentionally the meaning and characteristic of murder charge, throw in dangerous material offense meaning and its characteristic, intentionally murder charge with throw in the differentiation of dangerous material offense",etc of thorough of analysis and research, accurate judge the behavior of a behavior person of composing intentionally the murder charge still keep throwing in dangerous material offense.Third part is carry on to this case of introspect, mainly introspected a following contents:Have the cause and effect relation is unequal to a negative pertaining to crime responsibility, in fact of the cause and effect relation be unequal to the cause and effect relation of penal code and get involved factor under of the penal code cause and effect relate to influence a pertaining to crime responsibility a problem and get involved factor under of the penal code cause and effect relate to influence pertaining to crime to sentence problem, stanza to get involved factor under of the penal code cause and effect relate to influence pertaining to crime to measure a Xing problem.