The Impact Of Intervention Factors On Criminal Liability

The theoretical study of causal relationship has always been the important and difficult points of criminal law.The cases of multi-cause and one-effect and multi-cause and multi-effect are more than the case of one-cause and one-effect in judicial practice.The causal relationship and the identification of the criminal liability of the actor become more complex when there are intervention factors in the case.It is the focus of controversy of common case in judicial practice that intervention factors interrupt causal relationship or form a multi-cause and one-effect relationship under what conditions.More prefect theories are urgently required to instuct judicial practice.Therefore,the study of the impact of intervention factors on causal relationship and criminal liability is extremely important.Many scholars have stayed at the level of influence of intervention factors on causal relationship home and abroad,rarely involved the influence on criminal liability.Consequently this paper attempts to use the social hot case Hangzhou nanny arson as the entry point to explore the specific impact of intervention factors on criminal liability.The text is divided into four parts.The first part is the introduction of the case,including the combing of the facts of the case,the situation of the first trial and the second trial,and the display of the focus of the case.This part is used to show the overall situation of the case.The second part explains the definition and type of intervention factors.This part discusses the concept,characteristics and types of intervention factors.At the same time,tintervention factors are divided into natural events or other objective cases of force majeure,act of victim and act of a third person in this paper.The third part is the influence of intervention factors on causal relationship,including the general influence of intervention factors on causal relationship and the effect of fire rescue on the relationship between the defendant's arson and the death of the victim.The fourth part is the impact of intervention factors on criminal liability,which conducts analysis from both conviction and measurement of penalty,combining the typical case.The impact on conviction is mainly from three aspects which cover crime and noncrime,the identification of crimes and the identification of criminal pattern.This discussion is combined with the case of Liu Guangbai's abuse and bribery,the case of Wei Feng rape and intentional homicide and the case of Yang and Du's arson.The impact on measurement of penalty is disscussed combining the case of Huang Anping's intentional injury.I hope that this paper will set a good example to the development of judicial practice guided by the theory of criminal law.