Analysis Of The Causality In Criminal Law

The causality in criminal law theory has attracted a lot of attention, it serves as theobjective aspect of crime is an important part of the embedded the constitutive elements ofcrimes, acts as a person of criminal responsibility is the premise and the foundation, any studyof criminal law and Criminology scholars cannot evasive and non touch not field. Because ofthat, experts and scholars have also made a very thorough research, published a large numberof works, but the problem is still unable to agree on which is right, public opinions aredivergent. The theory is hard to understand, the author’s foundation is weak too, so it isdifficult to creative something new, just on the basis of previous analysis, sorting, passingbeneath the causality of criminal law in terms of the theory, do some independent thinking.The full text is divided into three parts. The first is the causality of the wholepresentation, the philosophy of causation of criminal law causality concept and generalconcepts of comparative analysis, find out the differences and similarities of the two, in orderto more accurately grasp the causal relationship between the feature and connotation.Secondly, the past theories of causation between the continental law system, Anglo-Americanlaw system the theory of causation causation theory and the causal theory of three parallelhierarchy, introduced and analyzed, in introducing the course into the correspondingtheoretical understanding, the analysis process of the author of a peephole view. Among them,the author of the causation theory pioneer to explore the doctrine of the “conditions” were avery detailed explanation, this is because the author regarded “equivalent causalrelationships” reasoning structure need “conditions” basic view. In order to overcome the“conditions” theory of defects, the author introduces the continental law the other twoimportant causal theories: reasons and corresponding causality. Continental law system,Anglo-American law system mainly adhere to the “double level reason said”, namely thereason is divided into two levels: the first level is “the cause of the truth”,“the cause of thelegal reasons” is the second level, for legal reasons to choose, we introduce three kinds of Views: proximate theory, theory of the policy, predicted theory. After introducing the mainabroad causal theory, reviewing the domestic views on this problem, the author focuses on theinevitable causal relation and the theory of causal relationship, concluded that, there is noentity is completely independent of the two theories, causal relationship is always the unity ofboth.Finally, in a fully informed the past theories of causation theory background, basicconcept, theory and based on the shortcomings in our country, I put forward to carry out“equivalent causal relation theory” steps, first of all should be identified as study object existson the implementation behavior, then investigated whether with “without the former withoutthe latter” condition, at last, we need to the judge whether it is usually that perpetrating actionon results occur or not in experience. In other words, to judge the equivalente.