On conditions of causality in criminal law

2011-06-13Hou Guoyun Xue Rongliang

   [Abstract]Conditions of causality in criminal law is the reason behavior play a role, the disadvantages and accelerate the emergence and development of harmful consequences. According to the inner behavior includes results, is not included within reason; according to the result of behavior in the condition, is. The only difference between the standard conditions and reasons is the basis of things is included in the results.

Key word]Causality conditions according to the results of internal

According to the basic principle of Marx's philosophy, any reason to cause a certain result, must have the conditions to cooperate. In other words, for any reason without certain conditions, single rely on its own strength will not cause the. This has fully demonstrated the important role played by the conditions in the causal relationship in. Moreover, this sometimes causes play a role and it is difficult to distinguish between. It is because of this, the difference between causes and conditions become a difficult problem in the research of the relationship between cause and effect. That people often put conditions as the reason, also have the reason as conditions. Causality in criminal law theory, also encountered this kind of trouble. A criminal case, not every behavior is harmful to the reason of the result, some behavior is only harm results to generate conditions. The objective reasons of criminal law just as harmful results as acts of criminal responsibility, exclusion and harm result though contact but not the cause of human behavior. This has brought certain difficulties to the judicial practice. Because, on the surface, the causes and conditions are always intertwined, to play the role of the results, so it is difficult to distinguish which human behavior is the reason, which the human behavior is the condition. As to judicial personnel on the behavior of human guilt and correctly determine whether the criminal responsibility. Therefore, careful study of criminal law causality conditions and effect of difference, especially serious study of causes and conditions become an important research topic in criminal law theory of causality.

　The definition and characteristics, conditions

Philosophically speaking, conditions, is refers to the influence of the existence and development of things. The criminal law of causality conditions, refers to all sorts of factor of production and development of the harmful results of influence. The factors favoring the harm results, often referred to as the adverse conditions, not conducive to the hazard results, often referred to as the favorable conditions. Because the criminal law is a special subject, the causality in criminal law is intended to provide the objective basis for the behavior of criminal responsibility, and criminal law causality conditions can only be contributed to produce harm results (i.e., not conducive to social conditions). Not to harm results generated conditions (i.e., conducive to social factors) and for the perpetrator of criminal responsibility has nothing to do, so it is not the object of criminal law, it is not the natural conditions of causality in criminal law. So we can say: the causality in criminal law, is the cause of behavior play a role, the disadvantages and accelerate the emergence and development of harmful consequences. This condition has the following characteristics:

The 1 condition is essential for the harmful results generated. In the objective world, any thing production, and development, has its own specific reasons, but also cannot do without certain conditions. With no conditions, no matter how powerful reasons (absolute reason except) are not alone would have caused the generation of things, existence and development. So it is in criminal cases, no matter how serious harm behavior, to cause harm results, also cannot do without certain conditions. For example, a put poison in a B in the food, in an attempt to kill a B. But because of a short distance from the hospital, the hospital that decomposition such poison antidote, B in edible poison immediately after being taken to a hospital, after the rescue out of danger. One poison acts as no certain conditions (far from hospitals, there is no antidote, rescue is not timely and so on) are matched, no harmful consequences of a pursuit.

2 conditions do not contain the harmful results according to. Although the condition of the harm results play an important role, essential no conditions, harm result is not possible, but does not contain harmful result according to the. For example, a beaten B minor injuries, B in the way to the hospital because they do not observe suddenly across the road, that was hit by a car. The assault on the death of a B is only a condition, which does not contain induced death according to B. Induced ethylene death according to exist in a B suddenly across highway act.

The 3 condition against the results of the just cause or matching function. Although there is no condition, reason can't cause harm result, but the conditions on the harm as a result of the role is still limited. The limited performance, caused by the real reason, real reason directly cause harm result. For example, in a minor, B behavior caused by B, to go to the hospital, it caused b do not pay attention to the suddenly across the behavior across the road. The real reason of death caused by B in B do not observe suddenly across the road, a minor B on B death is only an incentive, but to play the role of the prompt.

The 4 condition is actually contained in the development trend of reason into reality whiffler. Establishing a causal relation, is a developing trend in the cause of reality results. This trend will be turned into reality, there must be another opposite trends with, or is to pave the way for the. In general, the inevitability of the implementation depends on the chance to open up the road, accidentally come true on the necessity to open up the road. These pave the way for a developing trend to clear the way, actually is a development trend of cooperation into reality condition, namely with causes harm results conditions. Engels on the relationship between necessity and contingency, once pointed out, "contingency is added and the manifestation of inevitability, necessity by chance to open up the road". [i] Engels said "supplement" and "road" is also this meaning.

The probability of containing 5 conditions just added reason contained in the probability of less than one hundred percent. Cause certain harm results contained in the development trend of reason, actually is the possibility to include certain probability. This possibility probability are generally less than one hundred percent, some even far (if meet one hundred percent, becomes the absolutely sex). Due to less than one hundred percent, so the reason alone cannot cause harmful consequences. This is less than one hundred percent of the part, is the need to add some conditions. If the probability of trend contained in the reasons to cause harm to close to 1 but still less than 1 (necessity), then the probability of containing conditions must be close to 0 but still greater than 0 (by chance); on the contrary, if the probability of trend contained in the reasons to cause harm for close to 0 but still greater than 0 (by chance), then the probability of containing conditions must be close to 1 but still less than 1 (necessity). In short, the probability probability contained in reason and in the condition, is equal to 1, i.e. one hundred percent. In other words, if the reason is contained in a necessity, we need conditions of contingency to supplement, if the reason is contained in a contingency, will need to supplement the necessity conditions.

Many forms of diversity of 6 conditions. As with the cause of damage results, in the form of expression is varied. It can form a dynamic, can also be represented as static; can be man-made, can also be naturally formed; can be in before, can also be found in the reasons, also can appear at the same time and reason.

　　Two, the conditional function

Hagel said in the condition action once pointed out: "one thing, contains two meanings, the first is a set in, in short, refers to a kind of direct things; second refers to the direct thing itself will be discarded, and led to another thing to realize the fate". [ii] Soviet philosopher Rosenthal said: conditions cannot be directly caused by a result, but in time and space with reason, reason, ensure development essential for producing results that certain reason. [iii] that is to say, although the conditions alone does not produce results, but left the condition, reason alone can not produce results. Are the essential reasons and conditions of the. A single condition, its function mainly has the following several points:

1 with only under certain conditions, certain behavior can contain internal according to produce some harmful result. Here, the role is to determine the behavior conditions inherent in the harmful result. For example, one outlet in a large highway alley wielding clubs chasing just turned 8 years old children in a B to B, killed a C drive cars at the moment to highway. In this case, "the dead end of the outlet is a large highway" the conditions of the decision in a beat B behavior contains induced internal according to B death. If do not have this condition, somebody beat behavior does not contain this.

2 with only under certain conditions, the harm behavior must conform with the law to harm result of certain. Here, the role is to generate guarantee results. For example, a band of cold rice mountain wasteland, the daily noon meal in the mountains have hot, in order to fire, specially dug a firebreak. One day is hot, suddenly blowing a tornado, fire up, cause forest fires. In the case of view, digging in the fire under the conditions that the hot meal, students will not cause forest disaster, but in "blowing whirlwind" this special condition, is consistent with the laws of the cause of the fire, conditions played an important role here.

3 different conditions, can make the harmful act the same harm results of different. Here, the condition function is to determine what kind of results. For example, a consistent rogue producible, frequently as the chest is a punch, once many times in public places to stir up trouble, while many people. One day, as small as a B chest a punch. B friend a C (heart disease) angrily accused a, D as a C chest a punch, a propylene immediately fell dead. The same is a behavior, the same is hit in the chest, because the victim's condition is different, and have different results.

4 different conditions, determines a hazardous condition caused by the harmful behavior can be transformed into harm result. Here, the condition action has been determined and no harm result. For example, driving the driver of the car a once in the city, he will be a man seriously, caused the danger occurred the death result. But because the distance is near a hospital, in the injured to the hospital, after the rescue out of danger. The same man, driving another in outer suburbs, and the people seriously, caused the danger occurred death results, although also immediately injured to the hospital, but because the distance is too far, sent to the hospital has bled to death. Harmful acts the same cause dangerous state of the same, "far and near distance hospital" this condition determines the result of death or not.

5 block the result of damage conditions once harm behavior be excluded, this result is inevitable. Here, the role of the condition is hindered, pull off this condition, the result is inevitable. For example, a married man several times with a B adultery, a wife of a third reason, somebody still does not change. A C in the gas under a surface poison Dutch act as. Not only do not put a man was rushed to hospital, but also to prevent the neighbors will some third hospital. Although after the neighbors to power through a block, forcing some third rushed to the hospital, but the end result of a block delay time and the rescue invalid, died due to a C. In this case, to a C rushed to hospital, is very important to avoid a third death. Because of a failure to this condition, some third death is inevitable.

　　Classification of three, conditions

According to different standards, may make the different classification of the conditions of causality in criminal law.

(a) in accordance with the division of property conditions, the conditions can be divided into natural and artificial conditions.

The so-called natural conditions, is objective existence in the nature of things or changes. Such as the implementation of changes in the objective environment harm behavior, time, location, sound, light, rain, lightning, flood, disease and mechanical, chemical, physiological aspects and so on. This condition can exist on the behavior, also can appear to act after. Due to the impact of this condition, the harm behavior caused by harmful results, can not deny the causal relationship between the behavior and the result. For example, a pass by a threshing floor, leave a not extinguish the cigarette butts thrown in their side, the side of the wheat straw burning. Because at that time it was blowing wind, the fire by the wind, will soon pile of present northwest not threshed straw stack burning, burning more than 5 catties of wheat results. In this case, the southeast wind is an important natural conditions, if there is no wind, the fire did not cause the stack. But not because of the southeast and deny the causal relationship between behavior and Rick fire somebody throw cigarette butts.

The so-called human conditions, refers to man's conscious behavior, the influence of which came from and role. For example, a serious injury caused by B, B hospital treatment in hospital, fire and burned to death. In these cases, a behavior that led to a person B death as the conditions. The real reason B death is fire, rather than a beating behavior. In the study of the human condition, we should pay special attention to two points: (1) not to cause the human condition as a harmful result, (2) can not be due to the conditions of existence and to deny the causal relationship between another risk behavior or natural forces and the harm result.

(two) in accordance with the conditions of divided, can be divided into pre conditions and post conditions conditions. This division is the significance, help to judge the behavior of sin and subjective malignant size.

The so-called pre conditions, also known as the existing conditions, refers to the behavior that existed before the condition, both natural conditions, can also is the human condition. This condition, if the behavior of personnel before know can be used. If a behavior intentionally with this condition in order to achieve the purpose of causing harm, that he is the pursuit of harmful consequences, the intentional crime. For example, a that B suffers from severe heart disease and intentionally as a B chest a punch, a B results in death. In these cases, although the death of heart disease on B plays an important role in heart disease, but only a pre existing caused b the conditions of death, rather than a cause. The real reason lies in the boxing act would. One is the use of a B with heart disease the conditions to achieve the purpose of killing, so one should constitute the crime of intentional homicide. If one didn't know a B from heart disease in boxing, it should be based on some armour is unlawful infringement is not active implementation to determine its structure does not constitute a crime.

The so-called post condition, also called supplementary conditions, is that the behavior after the implementation of the conditions, can be both natural conditions, can also is the human condition. This condition, human behavior cannot be foreseen and utilization. For example, a serious of B, on the way to hospital by car breakdown delay time, so that the rescue is not timely and death. Obviously, the car on the way out of death fault on B plays an important role in. This point is not a foresight cannot use. But we can not deny the causal relationship between the behavior of a and B of death.

(three) according to the morphological classification of conditions, the conditions can be divided into static condition and dynamic condition.

Static conditions, refers to the stationary condition, such as location, environment etc.. Dynamic conditions, refers to changing conditions, such as human behavior, animal activities. Whether it is static or dynamic conditions, can be exploited to act.

In addition to the above three classification methods, also have the conditions for normal conditions and special conditions; others into the condition itself and is provided by the harmful behavior condition, etc..

Four, conditions and causes of contact

Materialist dialectics tells us, all things in the world are interrelated, mutual restraint, mutual influence. As a common cause the cause and conditions occur more so. They are for the results, are indispensable factors. In between their own, there is also a unity of opposites.

(a) opposition condition and reason. The opposition between the two is mainly manifested in the following two points:

1 in an isolated the causal link, for the results, is the reason reason, condition is the condition, the two can not be confused, can not be reversed. This is because, in reason according to the inherent cause, and in the condition that there is no such according to. Western criminal law causal theory of the "conditions" that any theory, conditions for the occurrence of, all results reason, also is the occurrence of influential behavior results before the occurrence of all the known collectively as the reason, this is actually the blurring of causes and conditions, antagonistic relations denied the reasons and conditions.

2 for the role, a mainly, one is from, within a genus, a genus of outside. The relationship between the master-slave, internal and external, will never change. The reason for the occurrence of the harmful consequences, always plays a decisive role, caused by. This is due to the inherent contradictions in the cause of the contained harmful result quality, namely internal basis. It is because of this, we say that the reason is the inherent nature of the harm result plays a decisive role. And the conditions for the harm result, can only play an auxiliary role, with. This is due to the internal in the condition does not contain harmful consequences, thus it can only from things external to the occurrence of some influence, only "with reason, in time and space of development, guarantee the required to produce results that could be a good reason".

(two) uniform conditions and reasons. The unification of the two is mainly manifested in the following three points:

1 the two are interdependent in the same causal link. The so-called interdependence, is that the two who also cannot do without who, any party to leave the other party does not exist. In the same causal link, causes and conditions is an interdependent relationship. Because if there is no reason, it would not have happened. There is no results, naturally does not exist the conditions. Similarly, if there is no condition, the results do not occur, the results do not occur, there will be no cause of results. Visible, causes and conditions is who also cannot do without who.

2 the role of the two consistent. In the same causal link, causes and conditions is towards the same direction force, that is applied to the results of impact. But why is a decisive role, condition is a matching function.

3 of the total causal chain, the two can be transformed into each other. In an isolated the causal link, condition is the condition, is the reason reason, the two position is uncertain. However, when the total causal chain, conditions and reasons is relative. In this part is the condition, in that part of the reason is, and vice versa. For example, a beaten B minor injuries, another way to the hospital was killed by a third driving the car. In the actions a and B injuries this causal link, actions would cause. But in a third car crash and another death this causal link, actions would just one condition. The same behavior or things, in the causal link different, from reason to conditions, or by the condition becomes the reason, this reflects the relative reasons and conditions of the two.

　　The difference between the five, conditions and reasons

Differences between the conditions and reasons for the correct solution, the perpetrator of criminal responsibility, and improve the causality of criminal law theory, to have the important meaning.

Need and reason distinguished conditions, mainly is the human condition. Because natural conditions not and as a cause of the behavior of people confused, solid without discussing the difference between natural conditions and the reasons.

(a) the difference between the standard

Study on the causes and conditions of the difference between the standard, is the essential difference between the two. There is a standard, can easily distinguish the two person, however, this standard is not easy to find. According to the standard, scholars in the West included in the criminal law, has been debated for many years. In the previous discussion, there have been many different views. Pick the instance, the introduction is as follows:

The first kind of view, difference between the two lies in between the respective standards and results of the link is the direct contact or indirect contact. And the results are directly linked, is the cause; and the result is indirect contact, is the condition. As Mr. Lv Xinlian in the "causality" talk about crime in the article pointed out: "the study on causation in criminal law, is from the phenomenon of the common relations between each link, out of harm behavior and harm result with inward direct contact. If the link is not directly out of events, but indirect contact, is the event "[iv] conditions. The author thinks, the standard that is not completely distinguish the causes and conditions. Because, some results are excluded indirect contact behavior and not in the cause. The relationship between such as abetting behavior and harm result is an indirect contact, obviously can not say there is no causal relationship between the behavior and harm result. In addition, between accidental causes and results of the link is indirect contact. Accident reason is also the reason, not the conditions.

The second view is the difference between the two, between the standard respectively and result is inevitable or accidental contact with. "Must cause the result as the reason, the other as the condition" [v]. Such views of denying the accidental reasons, and the theory of today's accidental causation, which is not correct.

The third view, the difference between the two standard is for the results. Some scholars pointed out: in most conditions, some are the result, some belong to prevent the occurring conditions, two balanced state, so that the results can not occur, but finally joined the behavior, because the balance, so that the results can occur, the add behavior is the reason, the other for conditions. For example, a in B food poisoning (prompted results occurring conditions), B was admitted to the hospital emergency escape (to prevent the result condition), in has not been fully restored, C and B food poisoning, and finally died. In such cases, C of the act is undoubtedly cause B death, a behavior is no doubt will no longer be a reason, but a behavior not is B the conditions of death, because C behavior can not take a behavior as a condition caused by the death of separate B. So, this standard is not scientific. This view seems to also can be listed as follows. Example: A in B food poisoning, but because of a number of small enough not to cause death in a B, C I have to B food poisoning case B food cast not to B death, but a and B the cast poison together, to cause death, death will lead to B. By C's poison is the last to join, so the C's behavior is the cause, a behavior is a condition. The author thinks, in this case, can't say why a behavior is not B death, because a behavior also includes internal according to death induced by ethylene. Visible, distinction between the standard can not correctly solve the reasons and conditions.

The fourth view, the reasons and conditions of the difference between the standard is whether or not the results occurred for the most powerful. "The results the most powerful reason, other than for the conditions". [5], a violation of traffic rules, from the inhuman way suddenly across the road, causing a B driving cars run normally did not have time to stop and the man killed. According to this view, in this case, B not brake the car behavior is a reason, their illegal behavior is the condition. But the author thinks, in this case, a violation of their own reasons, C not brake the car behavior is conditions. Because C is running in normal on the road, it is like the normal operation of the machine, is a kind of dynamic conditions. If a man into the machine in operation and death, obviously can not say the machine operation is the reason, impact conditions. Similarly, when a sudden across the road into a normal car and at the time of death, a their own behavior is the real reason. Thus, with the "most powerful" as the standard, the difference cannot solve the reasons and conditions.

The fifth view, whether or not a relationship between causes and conditions is that different standards and results. The so-called equivalent relation, means "in our knowledge and experience to objective observation, that under normal circumstances, conditions the same, the same can occur, then the condition is a condition that causes the, the. Conversely, if in general case, the conditions for the existence of, and in accordance with the objective observation, that do not have happened this result, the conditions and results are not quite, no causal relationship that is, but for the accident ". And said, determine whether an act for the cause of results, "shall be in accordance with the objective observation of ordinary people as the standard". [5] (P121-123) such views of the distinction between causes and conditions established in the "observation" to ordinary people, not included in the internal contradiction of things, obviously is not scientific. Moreover, what is the "observation" ordinary people? It is difficult to come up with a specific standard, the end can only be observed with the judge as the standard. In this way, in fact there is no standard.

(two) this paper views

The author thinks, the difference between causes and conditions, only the behavior whether the ground is included as standard, in other words, is the reason why the intrinsic basis of behavior includes results, according to the results; internal not included in that condition. Hagel once pointed out: "the results do not contain no contains something causes." [vi] this sentence in turn is: contains the result can contain only reason things, or say, reason and result contains the same thing. These are included in the reasons and results of the "thing", it is the inner according to the. According to the inherent contradictions as causes of things. According to dialectical materialism, things there are two aspects of contradiction and conflict, both sides of the decision of a trend. The development trend of the things contained in into reality, the results (after things) also occur, at this time, between the former things and things on the formation of causality. Therefore, the development trend that is decided by the inherent contradictions of things before, it is the inner reason according to the contained in the first containing, according to reason, and then into the results, so that the reason and the result has the same content and the same quality. But never contains the intrinsic according to, for example, the appropriate temperature although egg hatch is essential, but only in the egg that hatched chick embryo, temperature does not contain the embryo. So we say, egg (reason) according to the inner containing hatched chicks, but temperature (conditions) there is no such according to. The relationship between reason, condition and result, but also the truth. So be sure to say, the intrinsic basis of things is included in the result, is the only standard to distinguish between causes and conditions.

(three) the difference between the various causes and conditions

According to the general opinion, causal relationship into the causal relation and the causal relationship between the accident two, therefore, cause there are inevitable and accidental two. Here is to talk about these two kinds of different reasons, distinguishing and conditions.

The difference between the 1 will inevitably cause and condition

The cause is included with the necessity of causes harmful consequences, this causes in the slight matching conditions can cause the harm result. This is because, necessity is a kind of close to 1 but still less than 1 of the possibility in the probability, in other words, inevitability in probability is close to one hundred percent, only given to small, can make the probabilistic meet one hundred percent, which leads to the occurrence of the results. Here, the role of the condition, is to make up for the reasons of less than one hundred percent of the part. But it must be emphasized that, although the one hundred percent conditions can remedy the shortage of reasons, including but not according to the conditions of itself, it is only from things external damage blocked the result of damage factors, which -- according to Engels's words, to pave the way for the occurrence of open channel, which makes the lack of necessary in the one hundred percent part to make up. So, different conditions and the inevitable reason matter remains necessary reasons, contains a probability close to inner according to 1 conditions, contains only a force external accidental damage and the necessity of the opposition. For example, after a swallow a certain amount of poison, simultaneously has an inevitability of death and immortality. The inevitability of death resulting from poison, toxicity, solvability chance immortal in poison. If one has not been sent to the hospital in time, or after being rushed to the hospital met slack doctor or hospital, no effective antidote -- these are matched with the transformation of the inevitability of death as the real conditions -- so, the solvability of unused poison, this kind of solution will be swallowed by the toxicity, to make immortal contingency disappeared, and the necessity of the development of death for all, the result of death can occur. Here, accidental death so will disappear, because this accidental produced according to -- poison solvability -- have been destroyed, and the destruction of the poison of the solvability, it is with the change of the inevitability of death those conditions into reality, such as no antidote, doctors negligent etc.. This shows that, in condition of causal relationship, as an external force is through the destruction of inevitability and contingency of the opposite internal basis, with the necessity of the transformation into reality. So we said, compared with the cause, damage is a kind of external force contingency conditions contained in.

The difference between the 2 accidental causes and conditions

Accident reason is contain accidental causes harmful consequences, the reasons must be matched in the strong conditions, to accord with the rule caused harmful consequences. This is because, in the probability of chance is a little to the possibility of close to 0. If there is no strong conditions to cooperate, unable to make the probability of the contained one hundred percent, and could not lead to the occurrence of harmful results. Here, the role, is of considerable. It must be emphasized, conditions are quite large, but still does not contain harmful internal according to the result, it is only as a kind of external force with the influence on the transformation of chance to realistic play. This mechanism is matched with the destruction of chance, that is the antithesis of the inevitability of internal from external things, so that the inevitable gradually disappear, the occasional gradually developed into a complete, eventually led to the occurrence of the harm result. For example, one will be close to the motor vehicle Bicycle B down inside motor-driven driveway, a Yi Wei could climb up, is driving the car ran over a C. In a similar case, accidental death of a B D killed, also contains no necessity B death (the two development trend is a behavior and then the local environmental conditions. This environment determines the man knocked down by a B behavior may occur in two cases as follows: one is to meet a car has run to him and not brake the car brake, the probability is very small, so a B's death is a chance; another kind of circumstance is not met has run to him and not brake brake car, big probability of occurrence of such cases, and therefore one die is a kind of inevitability). If the first case, B was poured in a normal driving the car, will make the driver brakes too late from a B body over. In such a case, it will make a behavior not contained in the inevitability of death caused by a B according to the destruction, so that the inevitability of this immortal disappear, so that to my development B death into completely, the result of death to occur. Here, the inevitability of immortal so will disappear, because of the necessity for the under -- can't meet the oncoming brake not brake car -- has been destroyed. And the destruction of this basis, it is with the accidental death of transformed into reality the strong conditions, namely a C drive according to the normal speed even at this time through here. This fully shows that, in condition of causality, as an external force is the intrinsic according to the inevitable destruction and contingency of antagonistic, with occasional into reality. This also indicates that the difference between accidental causes and conditions is the probability to cause harm results contain accidental causes of although very small, the intrinsic basis of it in essence still belongs to the things, with conditions in the strength is very big, but it is in essence a kind of external forces, while the inner according to not things
 Used

[i] Marx selected works of Engels (fourth volumes) [A]. Beijing: People's publishing house, 1972.506

[ii] [Germany] Hagel. Logic [M]. Helin translation. Beijing: the Commercial Press, 1980.304

[iii] [Su] Rosenthal. Category [M].89. of materialist dialectics

[iv] Lu Xinlian. Talk about the causality of crime [N]. Liaoning daily, 1980-03-28; Southwest University of political science and law library, law thesis [Z].1981.58

[v] Han Zhongmo. The criminal law principle of [M]. in seventy years in May (the fourteen Edition).121

[vi] [Germany] Hagel. (2) [M].217. logic

Hou Guoyun Xue Rongliang

Author brief introduction: Hou Guoyun, male, China University of Political Science and Law Professor; Xue Rongliang, male, Nanyang City, Henan province director Nie Yang lawyer.

Source: "Journal of National Prosecutors College in 2000 November eighth volume fourth issue.