Analysis of factors involved in the effect on the causal relationship between the

In 1 casesA desire to kill his girlfriend, deliberate destruction of automobile braking device. Girlfriend drive out after fifteen minutes with a steep slope, will fall off a cliff and died. However, his girlfriend will the car off five minutes after the encounter flash floods, debris flow will be down the death.

In 2 casesB after rival A, A run away. C: A wanted to kill A, meet A Huangbuzelu, in Yi Wei rushed to the front, to the shooting, resulting in the death of A.

In 3 casesDing to kill enemy B, in the cliff edge to cut the number of knives, the seriously injured coma. Ding thought the dead and gone. But B herself after waking up, just to take the two step is to fall down from the cliff to die.

The criminal law of causality in criminal law mainly refers to the behavior and harmful results of the cause and the cause relationship. The causality, is necessary in the harm results occur when the perpetrator of criminal responsibility rather than a necessary and sufficient condition. Risk behavior in the sense of law refers to the body and endanger the society and in the human will dominated. Harm result the meaning of the criminal law, has broad and narrow sense. The harmful results of generalized, refers to all the social damage caused by the harmful act of fact, including direct and indirect result of the harmful behavior, belongs to the criminal elements of the result and does not belong to the criminal elements of the results. But the narrow sense refers to the harmful results, as the criminal elements of the results, it is the direct object of the damage caused by the fact that.

"Intervening factors ", is often the judgment of causality in criminal law to discuss problems. The reason lies in a causal relationship is interrupted prior Act (conditions) in the interactive process, because of other factors involved, broke the predetermined causal chain. So the development process in a harmful behavior and intervention in other factors caused as a result of the occasion, the causal relationship between the harmful behavior and how to determine the previous final results of hazards is a complicated problem. Overall, intervening factors including three kinds of cases: natural events, the behavior of others as well as the victim's behavior.

Generally speaking, in the intervening factors, the causal relationship between behavior and harmful results previously been thrust or cut caused no causal relationship between the meaning of the criminal law, mainly considering the relationship between property and with the advance behavior intervention factors, namely intervention factors are factors in abnormal or normal, is independence and the advance behavior or subordinate to the advance behavior. If the intervention of the intervention factors is abnormal, itself independent from antecedent actions, the causal relationship between behavior and harmful results previously cut caused no causal relationship between the meaning of the criminal law; conversely, if the intervening factors is normal, interventional factor itself belongs to the first act, causal relationship between previous behavior and harm result has not been cut off and the causal relationship between criminal law sense.

According to the "intervention" and judging causality analysis, can be learned:

Example 1 intervening factors (floods) belongs to natural events, which appear to be abnormal, is independent of the act of killing a, so there is no causal relationship between the occurrence of death and a murder.

Example 2 intervening factors belong to the behavior of others, namely C shooting behavior, it is abnormal, independent of ethylene to kill behavior, its only occasionally use B caused by the favorable kill environment, is another independent homicide, no causality and B so A death results after behavior.

3 cases of intervening factor belongs to the victim's own behavior, it appears (B fell off a cliff) is caused by Ding in the cliff edge to impose heavy damage and cause its not legitimate activities, that is to say there is intervention factors is normal, is subordinate to the first Ding blade behavior, the causal relationship between damage behavior of the B death results and D.