| The judgment of causation in the criminal law has always been a difficult problem in theory and practice,especially in the case of intervening factors.Because the process of causation is changed,there is a dispute to attribute the behavior that leads to harmful results to the first act or the intervening factors.After two hundred years of development,causation theory has not yet formed a systematic theoretical system.Currently,the theory of relative causation is commonly used in the judicial practice,and many scholars are also respect the objective imputation theory.The important difference between the two theories is the boundary problem of attribution or imputation.Although there are many criticisms,the theory of relative causation is widely used in our country and has a significant effect in the judicial practice.Practice is the inspection standard of the truth.Therefore,this article analyzes the case based on the theory of relative causation.Introduced by the case of secondary collision accident in the common life initiating by the multiple vehicle collision,the paper studies the influence of the intervening factors,act of a third person,on the causation.After the traffic accident,the identification of accident responsibility issued by the public security organization and the documentary evidence of medicolegal expertise don’t analyze the cause of the accident specifically,and the determination to the cause of death is a whole identity.The second collision accident involves the judgment of the causation under the intervening factors in the criminal law,which bring many difficulties to the cognizance of the committing traffic offences in the judicial practice.The key of the question is that whether the second collision cut off the causal relationship between the original collision and the final death.Based on the typical cases of judicial practice,this paper combs the theories of the causality in criminal law under intervening factors starting with the concept and characteristics of the causation.Thus we sort out a set of reference ideas which can be used to deal with the criminal law causation case under intervening factors in the judicial practice,and analyze the typical cases in judicial practice combining with the considerations of criminal law causation under intervening factors.The article is divided into four parts:The first part is the case introduction.Introduce the typical cases of real,in an attempt to restore the truth of the case,clear the case facts,and make readers have a direct understanding of the causality under the intervening factors.In the case of a secondary collision,whether the collision behavior of the rear vehicle interrupted the causal chain of the original act is the focus of the dispute in the case.To solve this question,it is need to determine whether the causal relationship is established in the absence of intervening factor and the causation between that intervening factor and ultimate hazard result.The second part is the legal analysis.It begins with the concept and character of the causation and intervening factor in order to have a recognize of the theory of the causation.Then comb the causation theory of each periods and have a comparison and analysis.Furthermore,combine the size of the action force and the complexity of intervening factors to make a comprehensive judgment.It is believed that the eclectic theory of relative causation is the best solution to solve the causation under intervening factors.The third part is the analysis of the case and the conclusion.Combining the theory with practice,use legal knowledge to analyze the cases in the articles and make a conclusion of author.The fourth part is the enlightenment.In all the present theories there is only the objective imputation theory try to distinguish the attribution and blame,but this theory is not perfect.It is required for a research scholar in the introduction of the theory combined with China’s national conditions apply the theory to the judicial practice. |
