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条件说因果关系(The condition says cause and effect).doc

发布:2017-07-21约1.39万字共9页下载文档
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条件说因果关系(The condition says cause and effect) Causal relationship is an important philosophical category, it refers to a phenomenon under certain conditions cause another phenomenon, phenomenon is the cause of other phenomena, was caused by the phenomenon is the result. However, the causal relationship itself does not include the causes and results, but only the relationship between the causes and the causes. The causality of research in criminal law refers to the causality between the harm behavior and the harm result. The causality in criminal law is of great significance, this is because, accountable is the basic principles of criminal law in our country, a person to have some kind of harm result without guilt, decided his behavior is one of the conditions and the presence of causal relationship between the results. Therefore, when the harm is done, to make someone responsible for the result, it is necessary to find out that there is a causal relationship between what he has done and the result. In other words, it is necessary to find out whether the behavior of someone is causally related to the result of harm. To study the causality of criminal law, we should pay attention to the following basic viewpoints and basic problems. The objectivity of causality Causality, as an objective phenomenon, causes and is caused by the relationship, which is not dependent on the persons will to be transferred objectively. Causality in the presence of only according to the objective relationship between the phenomena of the judgment, not to behavior person dont realize their behavior will cause some harm result to deny its existence, nor because of its assumptions exist and exist. For example, the victim is a minor injury, but it happens to be a haemophiliac patient, causing it to bleed more than death. In this case, the people do not know the victim cannot to behavior is hemophiliac, dont think its behavior will lead to the victim, and no death of minor injuries and death resul
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