Causality in criminal law has always been an important and new issue in criminal law theory. In the research of criminal law in our country, Chinese and foreign scholars have published many monographs and papers in the process of studying the causality of criminal law, and also solved many problems of causality of criminal law to some extent. However, the dispute about causality in criminal law has never stopped, and there has always been a dispute between accidental causality and inevitable causality in history. Now there is a big probability theory, a conditional theory, and a distinction between factual causality and legal causality. The emergence of these viewpoints shows that the study of causality in criminal law is deepening, which broadens our horizons for further study, but at the same time it also gives us a feeling of not scratching our feet-we just ask questions without explaining how to solve them. As an applied science and hermeneutics, the starting point of its argument should be to solve practical problems. As an important subject of criminal law, the study of causality in criminal law is no exception, but from the current research on this issue in China, it seems that this is not the case. However, the content and structure of causality in foreign criminal law are obviously different from those in our criminal law. Causality in American criminal law is based on case law, with clear hierarchy, standardized rules and complete system. Although there are many voices in the theoretical circle of criminal law to get out of the dilemma of "inevitability" and "contingency", the original theory is still used in teaching and judicature. Therefore, it is necessary to reflect on the theory of causality in China and construct a new theory of causality in criminal law. This paper follows the track of Chinese scholars' research on causality, draws lessons from foreign advanced theories, finds problems from a comparative perspective, expounds the shortcomings of the research on causality in criminal law in China, and puts forward opinions and suggestions for reconstruction. Keywords: Causality defense system in Anglo-American legal system
On Causality in Criminal Law
abstract
Causality in criminal law has always been an important issue in the theory of criminal law, and it is also a new issue in the study of criminal law in China. Chinese and foreign scholars have published countless works and papers in the process of studying causality in criminal law, which has also solved many problems of causality in criminal law to a certain extent, but so far, the dispute over causality in criminal law has not stopped. There are accidental causality, causality, inevitable causality and controversy in history. At present, there are conditions with high probability to say that there is a distinction between factual causality and legal causality. The emergence of these views shows that criminal causality is deepening, which broadens our horizons for further study, but it also gives us the impression that we are either scratching our boots or just asking questions without solving problems. We think that criminal law, as an applied science and a neutral discipline, should be the starting point for solving practical problems, and the criminal code, as an important issue of criminal causality, is no exception, however. The causal relationship between American Criminal Code and China Criminal Code is obviously different in content and structure. The American Criminal Code is based on case law, with clear hierarchy and complete rules system. Although there are controversial voices to get rid of the dilemma of "inevitability" and "contingency", hierarchical teaching still follows the original theory. Therefore, it is necessary to rethink the theory of causality in China and construct a new theory of causality in criminal law. This paper follows the trace of Chinese scholars in the door-to-door causality, draws lessons from the advanced theories of foreign parties, finds problems from a comparative point of view, expounds the shortcomings of the research on causality in criminal law in China, and puts forward opinions and suggestions on rebuilding their own views.
Keywords: causality; Common law; Defense system
catalogue
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Abstract 3
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I. Overview of Causality in Criminal Law of China ....................................................... 1
(1) Definition of causality ............................................................ 1
(B) the characteristics of causality
(C) the research value of causality
(1) Research Status of China
1. Only from the perspective of philosophy
2. Focus on accidental causality and inevitable causality.
3. Completely divorced from the subjective psychological attitude and criminal responsibility of the actor.
1. Research Status of Anglo-American Legal System
2. Research status of civil law system
Three. Reconstructing the Causality Theory of Criminal Law in China
(1) Weakening causality in philosophy
(2) Drawing lessons from American double-layer structure theory.
(3) Establish a causal defense system.
Conclusion .................................. 10
Refer to ........................................... 1 1
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