下面为大家整理一篇优秀的essay代写范文- Causality of criminal law，供大家参考学习，这篇论文讨论了刑法中的因果关系。在哲学理论中，因果关系是其重要的一点。辩证唯物主义认为，原因和结果是事物与现象之间相互联系、相互制约的普遍形式之一。用哲学上的语言来表述，就是引起另一现象的现象叫做原因，而被某种现象引起的现象叫做结果。刑法因果关系是刑法学中一个重要的理论问题。在处理具体案例尤其是复杂案例时，能否正确定罪量刑，往往依赖于因果关系的认定，因而因果关系又具有实践意义。刑法因果关系建立在哲学因果关系基础上，是哲学上科学的因果观在刑法中的具体运用。刑法因果关系问题，也只有在辩证唯物论的指导下，才能得到科学地解决。
Causality of criminal law is an important theoretical problem in criminal jurisprudence. In dealing with specific cases, especially complex cases, the correct conviction and sentencing often depend on the identification of causality, so causality has practical significance. The judgment of cause and effect is the core of cause and effect, and it is also the issue that Chinese and foreign criminal law theories have been disputing for a long time. There are conditions theory, causality theory and objective rule theory abroad. The theory of causality in China has been developing constantly on the basis of the advanced theories in foreign countries.
Case: four defendants, in collusion with the other two, on the basis of the park in the middle of the night, in 10 minutes, nearly 2 hours for the victim repeatedly carried out continuously extremely serious violence, and then, in the bedroom of the apartment, in about 45 minutes of time, and continue to implement the same atrocities. The victim, eyeing the gap, fled from the apartment in his socks. Due to the extreme fear of the defendant, the victim entered the expressway about 763 meters to 810 meters from the above apartment and was run over by a car and killed about 10 minutes later in order to escape the pursuit of the defendant.
The causality of criminal law is based on the philosophical causality and is the concrete application of the philosophical scientific view of causality in criminal law. The causality of criminal law can be solved scientifically only under the guidance of dialectical materialism. Therefore, it is necessary to study the common characteristics of its causal relationship with philosophy.
Causality is an important category in philosophy. Dialectical materialism holds that cause and result are one of the universal forms of mutual connection and mutual restriction between things and phenomena. In the language of philosophy, phenomena which give rise to another phenomenon are called causes, and phenomena which are caused by a phenomenon are called results.
The causality in criminal law has particularity: philosophically speaking, all phenomena that cause the occurrence of the result are the cause, but in criminal law, only the harmful behavior that causes the occurrence of the harmful result is the cause. In terms of content, causality in criminal law is consistent with causality in philosophy in terms of content in general, but in some cases, causality in criminal law must be a specific development process.
In the 1990s, China began to get rid of the shackles of the traditional thinking, learn from the relevant research results of foreign countries with a broad vision, and explore new ways to solve this problem. The main representative theories are conditional theory, equivalent causality theory, two-level causality theory and objective imputation theory.
In the theory of continental law system, the conditional theory holds that if there is A relationship between the behavior and the result, i.e. no A or no B, then there is A causal relationship in criminal law. Moreover, the conditional theory also holds that all conditions resulting in the result have the same value, so it is also called the equivalence theory. The theory also holds that the act as in the causal relationship only refers to the practice behavior that conforms to the constitution of the crime, and the non-practice behavior cannot constitute the reason mentioned here. According to this view, the death of the victim in the case was caused by a car crash, and there was no direct cause and effect between the four defendants' actions.
The statement helps to prevent individuals from achieving criminal ends by creating only certain conditions. But it can spread causality too far, creating endless associations. In order to avoid inappropriate conclusions, the condition theory itself attempts to make up for the proposed so-called causal interruption of the limiting causal expansion. The so-called interruption of causality refers to the view that causality is interrupted during the process of causality, based on natural facts, or because of free and intentional intervention in the behavior of others. According to the interruption theory, the victim escaped and was killed by a car. The four defendants were only responsible for the crime of intentional injury.
The theory of equivalent causality claims to determine the existence of causality in criminal law according to whether the life experience of ordinary people in society is equivalent to the result of the crime. There are subjective theory, objective theory and eclectic theory inside considerable causality. The objective theory claims to judge causality on the basis of all the facts objectively existing in the behavior. The subjective theory holds that the criterion should be the fact that the actor knew at the time of the act. The eclectic theory claims to judge the existence or absence of equivalence on the basis of the facts predicted by ordinary people or known by the actor. The author advocates the objective view: from the standpoint of the referee, the judgment is based on all the things objectively existing at the time of the behavior and the things after the behavior that ordinary people can meet. In the case, 4 defendants beat the victim seriously. Due to the emergency situation, they entered the expressway and were killed by the high-speed car. According to the objective view, it was foreseeable by the general public and had a causal relationship with the behavior of 4 defendants.
The content of the theory is that only when the actor's behavior creates an inadmissible risk to the object of the behavior, and the risk is realized in the specific result, and the result exists in the scope of validity of the constitutive element, the result caused by the behavior can be regarded as the result of the actor, while the rule applies to the actor. The objective rule theory tries to limit the scope of causality according to the need of criminal law and ascribes the causative behavior in criminal law to the interest of the protected law. According to the theory of objective rules, other behaviors have the same danger, denying the existence of causality. In this case, the victim was finally killed by a high-speed car, denying the existence of the defendant's danger.
Causality of Anglo-American law system will be divided into causation in fact and legal cause and effect, the double level reason theory, and adopt different standards for different levels of causality to decided that causal relationship in fact, the truth is based on the intuitive, the formula for but to express, namely, without A or B, the cause of the facts and extensive, causality in criminal law, just as A question of fact to grasp difficult to finish the mission in the causality in the crime constitution.
On the standard of legal cause, there are recency theory, foresight theory and penalty function theory. In the above three views, the proximate cause theory takes the factual cause that naturally or spontaneously causes the harmful result as the statutory cause. In fact, it does not put forward the legal standard of cause identification, so it still belongs to the fact-level investigation. In this view, the defendant's actions are denied and the car on the highway is regarded as the cause of the victim's death.
For hundreds of years, the research results of the whole human criminal law scholars can not be ignored, and there are many reasonable points in their theories. In view of the trend of the development of criminal law in the world where the two legal systems are integrated and gradually merged, we should also pay attention to the historical research results of the two legal systems and not be confined to the small circles of the continental law system or the Anglo-American law system. In view of the inconsistency of theoretical research will lead to practice at a loss, we should pay attention to draw from the Anglo-American law system, the continental law system criminal law causal relationship research positive results, it is necessary to carry out a comprehensive and profound thinking on this problem, and find a more reasonable way to solve the problem.
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Causality of criminal law is an important theoretical problem in criminal jurisprudence. In dealing with specific cases, especially complex cases, the correct conviction and sentencing often depend on the identification of causality, so causality has practical significance. The judgment of cause and effect is the core of cause and effect, and it is also the issue that Chinese and foreign criminal law theories have been disputing for a long time. There are conditions theory, causality theory and objective rule theory abroad. The theory of causality in China has been developing constantly on the basis of the advanced theories in foreign countries.
Case: four defendants, in collusion with the other two, on the basis of the park in the middle of the night, in 10 minutes, nearly 2 hours for the victim repeatedly carried out continuously extremely serious violence, and then, in the bedroom of the apartment, in about 45 minutes of time, and continue to implement the same atrocities. The victim, eyeing the gap, fled from the apartment in his socks. Due to the extreme fear of the defendant, the victim entered the expressway about 763 meters to 810 meters from the above apartment and was run over by a car and killed about 10 minutes later in order to escape the pursuit of the defendant.
The causality of criminal law is based on the philosophical causality and is the concrete application of the philosophical scientific view of causality in criminal law. The causality of criminal law can be solved scientifically only under the guidance of dialectical materialism. Therefore, it is necessary to study the common characteristics of its causal relationship with philosophy.
Causality is an important category in philosophy. Dialectical materialism holds that cause and result are one of the universal forms of mutual connection and mutual restriction between things and phenomena. In the language of philosophy, phenomena which give rise to another phenomenon are called causes, and phenomena which are caused by a phenomenon are called results.
The causality in criminal law has particularity: philosophically speaking, all phenomena that cause the occurrence of the result are the cause, but in criminal law, only the harmful behavior that causes the occurrence of the harmful result is the cause. In terms of content, causality in criminal law is consistent with causality in philosophy in terms of content in general, but in some cases, causality in criminal law must be a specific development process.
In the 1990s, China began to get rid of the shackles of the traditional thinking, learn from the relevant research results of foreign countries with a broad vision, and explore new ways to solve this problem. The main representative theories are conditional theory, equivalent causality theory, two-level causality theory and objective imputation theory.
In the theory of continental law system, the conditional theory holds that if there is A relationship between the behavior and the result, i.e. no A or no B, then there is A causal relationship in criminal law. Moreover, the conditional theory also holds that all conditions resulting in the result have the same value, so it is also called the equivalence theory. The theory also holds that the act as in the causal relationship only refers to the practice behavior that conforms to the constitution of the crime, and the non-practice behavior cannot constitute the reason mentioned here. According to this view, the death of the victim in the case was caused by a car crash, and there was no direct cause and effect between the four defendants' actions.
The statement helps to prevent individuals from achieving criminal ends by creating only certain conditions. But it can spread causality too far, creating endless associations. In order to avoid inappropriate conclusions, the condition theory itself attempts to make up for the proposed so-called causal interruption of the limiting causal expansion. The so-called interruption of causality refers to the view that causality is interrupted during the process of causality, based on natural facts, or because of free and intentional intervention in the behavior of others. According to the interruption theory, the victim escaped and was killed by a car. The four defendants were only responsible for the crime of intentional injury.
The theory of equivalent causality claims to determine the existence of causality in criminal law according to whether the life experience of ordinary people in society is equivalent to the result of the crime. There are subjective theory, objective theory and eclectic theory inside considerable causality. The objective theory claims to judge causality on the basis of all the facts objectively existing in the behavior. The subjective theory holds that the criterion should be the fact that the actor knew at the time of the act. The eclectic theory claims to judge the existence or absence of equivalence on the basis of the facts predicted by ordinary people or known by the actor. The author advocates the objective view: from the standpoint of the referee, the judgment is based on all the things objectively existing at the time of the behavior and the things after the behavior that ordinary people can meet. In the case, 4 defendants beat the victim seriously. Due to the emergency situation, they entered the expressway and were killed by the high-speed car. According to the objective view, it was foreseeable by the general public and had a causal relationship with the behavior of 4 defendants.
The content of the theory is that only when the actor's behavior creates an inadmissible risk to the object of the behavior, and the risk is realized in the specific result, and the result exists in the scope of validity of the constitutive element, the result caused by the behavior can be regarded as the result of the actor, while the rule applies to the actor. The objective rule theory tries to limit the scope of causality according to the need of criminal law and ascribes the causative behavior in criminal law to the interest of the protected law. According to the theory of objective rules, other behaviors have the same danger, denying the existence of causality. In this case, the victim was finally killed by a high-speed car, denying the existence of the defendant's danger.
Causality of Anglo-American law system will be divided into causation in fact and legal cause and effect, the double level reason theory, and adopt different standards for different levels of causality to decided that causal relationship in fact, the truth is based on the intuitive, the formula for but to express, namely, without A or B, the cause of the facts and extensive, causality in criminal law, just as A question of fact to grasp difficult to finish the mission in the causality in the crime constitution.
On the standard of legal cause, there are recency theory, foresight theory and penalty function theory. In the above three views, the proximate cause theory takes the factual cause that naturally or spontaneously causes the harmful result as the statutory cause. In fact, it does not put forward the legal standard of cause identification, so it still belongs to the fact-level investigation. In this view, the defendant's actions are denied and the car on the highway is regarded as the cause of the victim's death.
For hundreds of years, the research results of the whole human criminal law scholars can not be ignored, and there are many reasonable points in their theories. In view of the trend of the development of criminal law in the world where the two legal systems are integrated and gradually merged, we should also pay attention to the historical research results of the two legal systems and not be confined to the small circles of the continental law system or the Anglo-American law system. In view of the inconsistency of theoretical research will lead to practice at a loss, we should pay attention to draw from the Anglo-American law system, the continental law system criminal law causal relationship research positive results, it is necessary to carry out a comprehensive and profound thinking on this problem, and find a more reasonable way to solve the problem.
想要了解更多英国留学资讯或者需要英国代写，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有essay代写、paper代写、assignment代写。在这里，51Due致力于为留学生朋友提供高效优质的留学教育辅导服务，为广大留学生提升写作水平，帮助他们达成学业目标。如果您有essay代写需求，可以咨询我们的客服QQ：800020041。
51Due网站原创范文除特殊说明外一切图文著作权归51Due所有；未经51Due官方授权谢绝任何用途转载或刊发于媒体。如发生侵犯著作权现象，51Due保留一切法律追诉权。
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