| The judgment of causation under intervening factors is an important and complex issue in criminal law theory,and also a difficult but unavoidable issue in judicial practice.After the introduction of German and Japanese criminal law theories,a hundred schools of thought were formed,including theories of condition,cause,equivalent causation,objective imputation and the theory of realistic danger,but the attention to local judicial practice has long been insufficient.This paper examines 456 cases involving causation under intervening factors in China’s judicial practice,and the results show that there are seven types of intervening factors: third party behavior,victim behavior,perpetrator behavior,special physical condition of the victim,accidental danger,objective state,and natural events,but the type of intervening factors is not an important factor affecting causation judgment in judicial practice.At the same time,there are significant differences in the judgment of causality between the offenders who act and those who do not act,and the "three criteria of intervening factors" have not become the general theory in practice as predicted by some scholars.Based on the examination of reality and theoretical analysis,the author proposed different theoretical paths for the causality judgment of as-and in-action offenders respectively.The basic mode of judgment for the offender is "factual causation judgment and legal causation judgment",and the legal causation judgment takes the condition of lawfulness;the legal causation judgment takes the reverse of "lack of possibility to avoid the result".Specifically,the "rule of independence" and the "rule of dominance" should be used to judge,among which the "rule of independence" has priority.For inaction offenders,the judgment mode of "obligation to act and legal causation" is adopted,and the judgment of legal causation is also the reverse exclusion rule constructed on the basis of affirming the obligation to act and the possibility of avoiding the result as the core,specifically,the "jurisdictional rule" and the "dominance rule".Specifically,it is divided into "jurisdictional rule" and "dominant rule",and the "jurisdictional rule" is applied in priority. |
