Theory Of The Criminal Law Causality

In view of the difficult and complex cases, how to distinguish between crime and non-crime, this crime and that crime has always been plaguing the criminal law enforcement and case-handling organs. In practice, most criminal cases are investigated by the public security organs. According to the provisions of the criminal procedure law, law cases will be initiated with an investigation only if there exist criminal facts which need to be investigated for criminal responsibility; details of a case will also gradually clarify through registering, arresting, reviewing and prosecuting and trial. As to how to reduce the error in the process of handling the case and avoid wrong cases, the key, in the point of view of the author, lies in how to accurately decide whether there is cause-and-effect relationship in terms of the criminal law concerning the evidence materials. If the cause-and-effect relationship does not exist, there is no need to deal with the offender. The offender can be investigated for criminal responsibility only after clarifying the existence of cause-and-effect relationship, that is, there exists an objective cause-and-effect relationship between a behavior and the result of the infringement of legal interests.In practice, as to how to judge whether a case is a criminal one, namely criminal case, most investigators often draw conclusions by the judgment of the existence of its criminal constitution.In the specific operation, they are always ambiguous in the judgment of some criminal problems, and it is hard for them to grasp the boundaries between crime and non-crime. As applied science, criminal law is ultimately to serve practice.By means of the breakthrough the traditional concept of cause-and-effect relationship of criminal law, and blending with new connotations, the author put forward the "three-judge theory" for the determination of the cause-and-effect relationship in combination with the experience and lessons in the transaction of difficult and complex cases over the years. In handling criminal cases, it is a necessary criminal procedure whether there is need to investigate the offender for criminal responsibility and make criminal cause-and-effect relationship judgment. First of all,"cause" and "effect" should be accurately defined, and the category in particular cases for "cause" and "effect" should be clarified. Then the connection between "cause" and "effect" should be objectively judged.In view of the judgment of the objective connection between "cause" and "effect", the author expounded respectively in three levels. Firstly, the general rule of thumb is based on when to judge whether a conditional relationship is set up on the ground; secondly, the rule of strength is based on when to comprehensively analyze the decision and measurement of penalty; thirdly, the rule of self-conceit of the responsibility for an offence and the proviso of criminal law should be taken into account when to determine the nature of the crime.Finally, the author expounds the positive significance of the "three-judge theory" concerning criminal cause-and-effect relationship. Simple, efficient, fast, it will be economical concerning judicial resources and can reduce the incidence of misjudged cases. It will be more conducive to judge according to law and solve problems from the angle of being more in favor of the overall situation.