Research On Causality Of Criminal Law Under Intervention Factors

Causality is concerned by scholars.Identifying the causality between harmful behavior and harmful results in the sense of criminal law is not only the basis of correct conviction,but also the key to reasonable sentencing.In the cases where the behavior directly causes harmful results,there is only one causal force,so the causal chain is relatively clear;However,practice is often complicated,and criminal cases involving other factors between harmful behavior and harmful results are common,which greatly improves the difficulty of handling cases in practice.Practice is the starting point and the end point of academic research.Through the in-depth study of many cases involving intervention factors in Criminal Trial Guidance Cases,Criminal Trial Reference and Selected Cases of the People’s Court,this paper finds that there are still differences between different courts on how to apply the existing theories to identify the causality of criminal law under intervention factors in China’s judicial practice.What’s more,for cases with highly similar circumstances,the Supreme Court also has ambiguity and contradiction in the position selection and referee reasoning.In the face of the judge’s changeable position and thousands of different judgment rules,whether the guiding case can play an exemplary role in the future judicial judgment remains to be studied.Through the ages,jurists at home and abroad have made a series of achievements through the unremitting research on the causality of criminal law,such as the theory of equivalent causality in Japan,the theory of proximate cause in British and American countries,and the traditional causality theory that has been dominant in China for a long time.Nevertheless,in view of the inherent limitations of these theories and the differences in legal systems,China’s judicial staff are still a little weak in the face of cases with intervention factors.Stones from other mountains can be used to attack jade.On the basis of referring to relevant foreign theories,combined with China’s judicial practice,changing the previous philosophical concept,appropriately adopting the fairness concept of ordinary people in society,and establishing multi-level judgment standards for the causality of criminal law under intervention factors can solve many problems in judicial practice.