Study On Causality Of Crime Of Major Liability Accident

There are not a few domestic literatures on the causal relationship of criminal law,but the research on the causal relationship of the crime of major liability accident is rare.The articles on the crime of major liability accident often make a brief comment on the causal relationship as a chapter or a section under the chapter.The treatment of causal relationship is relatively weak,while the articles dealing with such problems by using objective imputation theory are rare.It is even rarer.As a specific offence in the criminal law,the causality of the crime of major liability accident is the concretization of the causality in the criminal law.It refers to the relationship between the cause and the result of the infringement of legal interests which conforms to the constitutive requirements of the crime of major liability accident and the result of the infringement of the crime of major liability accident,that is,the actor violates the provisions of safety management in production and operation.The causal relationship between acts or omissions and major casualties or other serious consequences.The objective imputation theory is based on the conditional theory,and establishes a complete and systematic theoretical system.First,it carries out a positive test through three basic rules,and on the basis of the three rules,it also establishes a lower exclusion rule to carry out a reverse test.In these cases,the behavior can not be imputed: when creating danger,reducing danger,permissible danger and not worth legal protection.The behaviour of life danger can not be imputed,and the process of assumed causality can not exclude imputation;when realizing the danger that is not allowed by law,the danger that is not realized,the danger that is not allowed and the result that is not within the scope of the protection purpose of the attention norm and the combination of the theory of danger rise,the theory of danger rise and the purpose of protection are the lower exclusion rules in the constituent elements;In the scope of effectiveness,in the danger caused by the involvement of others' intentional self-danger and consent of others,the responsibility of others is excluded from the scope of responsibility attributable to others.The objective attribution theory attaches great importance to the constitutive elements of the act,which makes the concept of the act of execution essentially connotation.That is to say,it creates a danger which is not allowed by law.Then,through many inferior rules of the objective attribution theory,the relevance betweenthe act and the result is repeatedly tested,and then the result can be attributed to the act.The causation of the crime of major liability accident can be divided into two judgment processes: one is to judge whether the actors' actions or omissions in violation of relevant safety management regulations in production and operation create the danger that is not permitted by law,and whether the danger is realized in objective fact(i.e.factual attribution);the other is to judge whether the factual causation can be punished.The recognition of legal norms constitutes a causal relationship in criminal law and constitutes a causal relationship in the crime of major liability accidents.These two judgments not only include the judgment of causation in general sense,but also emphasize the conformity of criminal law norms.They are the process of judging causation in general.