Authors: the Research Center for Educational Media

Concept and features, causal relationship

The criminal law of causality, is refers to between behavior and harmful results of a cause and result of objective, intrinsic, regular relation. It has the following characteristics:

1 objectivity. The reasons and results of cause and result relation is the objective existence, not to people's subjective will as the shift.

2 relativity. The cause and result in arranged in a crisscross pattern interplay of causal networks, are not absolute. The same phenomenon, in the causal link is the reason, on the other a causal link has become the. Only the two phenomena out of general objective in specialized study, to determine a phenomenon is a cause, a result.

3 sequence. The causes and results of the link, the reason is always first, always results in the post.

Two, identification of causal relationship

In the determination of causality, need to grasp the following problems:

1 causal relationship with the accidental causality. China's criminal law theory previously taken is causal relationship, namely that, when the damage behavior contains harmful results according to law, and the harm result, is the inevitable causal relationship between behavior and harmful results. When the damage behavior itself does not contain harmful results according to, but in the course of its development, occasional intervention in other factors, and the intervention of a regular cause harm result, is the accidental causality between harmful behavior and harm result.

2 causality condition, in recent years are also some Chinese scholars agree with. The theory is that, as long as between the behavior and the results are "not the former it doesn't matter which" the necessary conditions, it can have on causality in criminal law thought.

Be careful.1 causation is the research on whether a certain behavior is a result, which is the study of the relationship between the behavior and the result caused by, rather than on the behavior and results study itself; because the harm behavior itself is legal, so it cannot replace the cognizance of causation of the harmful behavior itself.

2 causality is a kind of objective, independent of man's will, whether the actor realize his behavior may harm results, does not affect the determination of causality; causal relation is the objective with a specific condition, cannot leave the objective conditions of the causality, whether the actor understanding to the specific conditions, can not be left to the identification of causal relationship.

3 a harm result completely may cause, by a number of harmful act accordingly, in that some action is a harmful result, can not easily deny other behavior is also the result of causes; conversely, a harmful behavior may cause a harm result. So, cause a harm results in the identification of certain acts, also do not deny the behavior also caused other damage results.

4 in the behavior intervention of third or the victim's behavior and the resulting circumstances, to judge whether a result is caused by human actions, examine the behavior leads to the results of the possibility of the occurrence of the abnormality in size, size and intervention effect on the result size. For example,AKill intentionally toBViolence, causeBSuffer from near death injury.BAt the hospital, the doctorCThere is a slight negligence, fails to saveBLife. BecauseAThe dangerous acts lead to death as a result of large, but the case (slight negligence) on the occurrence of death the effect is small, so it should be identifiedAThe behavior andBWith a causal relationship between the death.

1 about causation, which of the following statements is true? (2008-2-52Multi)

A armor by bus and driver chapter a quarrel, severely kicked a chapter back kick. A chapter is back playing a, out of control bus, rushed to the bike lanes, killed the rider cheng. Behavior and process a causal relationship exists between a death

B B to kill deliberately targeted Lee a head shot, but hit Lee's chest (not hit the heart). Because Li is the hemophiliac, finally bleed to death. There is no causal relationship between B behavior and Lee's death

C C and associates the premeditated also surnamed Wang to shoot, his shooting bullet Wang Wang death caused by heart. By C's bullet missed Wang, there is no causal relationship between the C's behavior and Wang's death

D Ding to kill intentionally to Zhao Zhao suffered violence, resulting in near death injury. Zhao at the hospital, doctors have negligence, fails to save Zhao life. Ding's behavior and Zhao between certain death no causal relationship

Answer.BCD

2 about criminal law causal relation judgment, which of the following statements are true? (2007-2-1Single)

A a robbery and assault a chapter, chapter one escape, a subsequent chase. A chapter in the escape from the wallet carelessly fall on the left, a lost wallet. The causal relationship between violence and obtain a property

B B killing means based on knifed Cheng, see Cheng after the injury is very painful, and deliver it to the hospital, but the doctor treatment there are significant errors, resulting in one death. B there is no causal relationship between behavior and the process of a death

C C through a railway crossing is on duty, meet acquaintances a, then chat with, lead to a failed to put down the railing, the train will run over by huang. The causal relationship between C and Huang's death

D Ding to kill Li Mou and its head, the fatal wound,2Hours after death. In Li Mou begging, Ding drove them to hospital.20Minutes later, a high driving trucks speeding, hit the Ding car induced Lee died on the spot. The causal relationship between Ding behavior and Li's death

Answer.B

3 about causation, which one of the following options is wrong? (2006-2-2, single)

A a intentional B and caused the injury, B was sent to the hospital. That night, the fire burned the hospital, B. There is no causal relationship between the harmful behavior and B a death

B a homicidal intentionally to B violence, serious shock caused by B. I believe that B has died, to conceal Zuiji, ethylene and threw it into the lake, which was drowned. The causal relationship between homicide and B a death

C armour for trifles and B to B a dispute, the chest like a thrust, which was a heart attack, died despite medical treatment. The causal relationship between behavior and B a death, whether to bear the criminal responsibility should be regarded a subjective on the set

D A and B have a see of C, B to C food put in5Mg poison, and that5C death induced by Mg poison can not, then add in B without consent5Mg poison, death by eating. A delivery5Mg deficiency that poison itself C death, so there is no causal relationship between a poison and C of the death

Answer.D

Three, the causal relationship of the nonfeasance crime

The causal relationship of the nonfeasance crime, a cause and be caused, internal logical relationship between refers to the omission and it caused the harm result. The causal relationship between the two aspects should be judged not to harm as the result of:

1 behavior have no obligations as a specific, if not as a specific duty, there is no as, naturally there is no causal relationship between omission.

2 does not occur as a result of the harm is played a decisive role, if you do not play a decisive role, between the omission and the harm result is not a causal relationship.

The following and not as a crime related statements, which statement is true? (2006-2-4, single)

AThe police received a report of a who is murdered his wife. A immediately to the scene, but just stood watching, did not take any measures. At this time, county health bureau deputy director Liu pass by the scene, also did not rescue the murdered woman. The results, was murdered his wife. And Liu Moudou is a staff of state organs, did not perform the obligation of rescue, should establish the crime of Malfeasance

B a very hate his nephew (b6Years old). One day, a and B are out, three drunk driving hit B and quickly escape. B was lying in a pool of blood. A thought, anyway, not by accident, then left the scene. B died because they were unable to rescue. Three bear the duty of assistance because, so a does not constitute the crime of omission

C a work at home, found the door put a bag of unknown source or origin, like flour. Article two days to get the laboratory testing, found to be heroin, and immediately poured into the toilet into the sewer. A although no drugs will be handed over to public security departments, but does not constitute the crime of illegal possession of drugs

D "Fire Law" provisions, any person who finds a fire must immediately report to the police. Timely passers-by a fire without the alarm, causing the fire spread. A behavior was not as arson

Answer.C

Four, causality and criminal responsibility

On causality in criminal law, is the objective basis for behavioral burden criminal responsibility. Criminal responsibility for harm result to make behavior has on our behavior, behavior person must also have the subjective intent or negligence. Even with the causal relationship, if people lack of intent or negligence, it still can not bear criminal responsibility.

Which of the following statements about the causation in law which is correct? (2003-2-41One)

A nail to the killing of his girlfriend, the brake device one day set out to destroy the car. Girlfriend as drive out, 15 minutes after the case of a steep slope, will fall off a cliff and died. However, his girlfriend will the car off after 5 minutes, in case of flash floods, mudslides rushed down the mountain from the. There is no causal relationship between the occurrence of death and a murder

B B to kill his enemies Su, in the cliff edge to cut 7 knives, the seriously injured coma. B that Su had died, and left. But Su he woke up, just took the two step that he fell down from the cliff. The causal relationship between damage behavior of Su's death and B

C C after rival Zhao, Zhao to run for their lives. Zhao enemies he a had wanted to kill Zhao, accidentally see Zhao Huangbuzelu, in C has not yet arrived, namely to the shooting to death, zhao. There is no causal relationship between kill Zhao death and C

D ding a loaded pistol into his ex-wife clock a shelter, intent to kill the clock a. In the two set, Zhong Mou himself accidentally trigger was shot to death. The causal relationship between homicide clock death and ding ding on, even if a causal relationship exists between the error of cognition, but also constituted the crime of intentional homicide crime

Answer.ABCD

Five, the special form of causality

(a) the following situations although special, usually considered a causal relationship:

1 behavior resulted in specific conditions results, such as beating behavior and the victim suffers from a disease specific physical conditions (such as heart disease, hypertension, cancer, leukemia, thrombocytopenia) meet, death results.

2 behavior and the victim behavior met lead to result, such as kangaroo grid encounter victim drill grid electrocuted.

3Two is connected with the behavior result, such as a forcing workers to B illegal operation of the accident, a force driver B illegal driving traffic accidents, a abetting murder death caused by B.

4Interaction of  number behavior lead to harmful results, such as a delivery does not reach the lethal dose of poison, B also put a not a lethal dose of poison, death results induced b put poison total.

(two) the following cases, a behavior although results have a certain relationship (such as conditional relation), but it is usually believed that no causal relationship:

1 a to B is killed in a traffic accident, sponsored B by plane to travel around the world, B is on the way met crash and death.

2 a lethal poison put in B soup, B drink after poisoning bored, get outside and killed when another enemy a gun.

3 armor in the train station to steal B wallet jumped the track running, B discovered after being killed by the train station, into the.

4 a beaten B cause small arm fracture, on the way, take a taxi to the hospital by accident, B was killed in a car accident.

Be careful.

1Interrupt  causality.

2 causal relationship can not be hypothetical.

3 just want to use some risk of harm results, causality is not criminal law.

4 a causal relationship may not have set up the aggravated consequential offence.

5 omission also exist causal relationship.

6 joint crime, the accomplice of the causal relationship.