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Regression or Breakthrough: On Attribution of Causalityin China’s Criminal Law in Criminal Law(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2019年05期
Page:
120-131
Research Field:
法学研究
Publishing date:

Info

Title:
Regression or Breakthrough: On Attribution of Causalityin China’s Criminal Law in Criminal Law
Author(s):
LIANG Yunbao
Southeast University (Nanjing 211189).
Keywords:
causality equivalent causality theory dangerous content completion theory objective attributiontheory
PACS:
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DOI:
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Abstract:
China’s traditional causality theory makes a purely objective orientation of causality and at thesame time mixes some normative connotations in judgment, which renders it difficult to make reasonablenormative judgments and causes a lack of judicial adaptability in dealing with specific cases. In the Continentalcountries, the revised equivalent causality theory and the dangerous content completion theory are the two latestdevelopments in causality attribution in criminal law. They have neither abandoned the content of norms onnormative judgment, nor limited the establishment scope of causation in criminal law to the objective level.So far, the revised equivalent causality theory, the dangerous content completion theory and the objectiveattribution theory have failed to provide adequate criteria for normative judgment. However, the objectiveattribution theory has some obvious comparative advantages in methodology and subordinate rules. Rather thanreturning to purely objective judgment, the solution to the crises in China’s traditional causality theory requiresa theoretical breakthrough characterized by incorporating the appropriate elements of objective attributiontheory into the normative judgement when determining the causality in criminal cases.

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Last Update: 2019-09-25