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On The Intervention Factors In The Causation Of The Criminal

Posted on:2014-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:C C DuFull Text:PDF
GTID:2246330398976892Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal Law causation issue is a very important problem,which plays an important role in the criminal law, we study causality mainly attempt to resolve the following issues:consequences of the crime occurred in reality, but this results is caused by which behavior in the end, but which require specific analysis, by analyzing the causal relationship between behavior and results, combined with the other constituent elements of crime, in order to make right actors to make a reasonable punishment. In addition, emerging hazards in real life results are usually associated with a number of acts, an act which can be specifically determined the occurrence of harmful results still need to be examined. Under normal circumstances, this is a direct result of harmful consequences harmful behavior occurs in the case, to determine the criminal responsibility of the perpetrator relatively, but in the judicial practice often appear more complex causation cases, such as in the original causal chain occasional other factors involved, and this factor may be involved in behavior and harmful results previously cut causal relationship between the law of development, this time the judge prior conduct and harm there is no causal relationship between the results, what criteria to judge, how to identified intervention factor is a question worth exploring. This paper attempts to analyze the characteristics of interventional factors, factors involved in the kind of intervention criteria factors, factors that do not belong to intervene in situations like this issue to study.In this paper, in terms of the structure is divided into the following four parts:The first part is causal relationship between criminal law theory overview. This section focuses on analysis of the causal relationship between the object of study causal link nature and causal linkages.Penal includes the inevitable causal relationship between domestic and accidental causation said.The second part is the criminal law of causation "intermediary" factor. This section introduces the "intermediary" factor concept, type, etc. These factors include victim behavior, acts of a third person, the perpetrator behavior. The third part is the involvement of criminal law of causation factors. This section introduces the Penal causal factors involved in the characteristics, types, this situation has also been part of the criminal law of causality scholars as interrupts, interrupt-called causality, refers to the causal relationship between the conduct of the process, due to some factors involved in the emergence of harmful consequences caused by the independent factors involved in this, then the first behavior and endanger the causal relationship between the results was interrupted. However, this view is in doubt because of the causal relationship between the criminal law is the presence or absence of this problem, there is a causal relationship that has interrupted a little unconvincing.The fourth part is the involvement of criminal law of causation factors on the impact of criminal responsibility. This section describes the main factors in determining the existence of criminal intervention effects, including used or not criminally responsible on criminally degree of influence on the impact of the conviction and sentencing.
Keywords/Search Tags:Criminal causality, intervening factors, criminal responsibility, Specialphysical, natural events
PDF Full Text Request
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