从介入因素情形谈客观归责理论的中国进路——以被害人特殊体质情形为切入点.pdfVIP

On the Road about Objective Imputation Theory into China from Interventions——With Special Physical Situations of Victims as the Entry Point Abstract Causation theory always plays a pivotal role in the criminal justice system, and it is also the focus and difficulty in long-term study of criminal law. There are still many controversies in some problems of Causation theory. It has profound theoretical and practical significance to study on Causations involved in Interventions. Causation theory has gone through a lot of theories from generation. What play a significant impact are Condition theory, Doctrine of causes, the equivalent theory and so on. However, the above-mentioned theories have deficiencies in solving problems of causality extension and objectivity. These deficiencies are more obvious involved in Interventions. Objective Culpability develops to solve the above problems. I hope to comment on each theory above when combine causations involved in Interventions, and then seek a practical way for the objective imputation theory approach to China. The thesis is divided into four parts: The first chapter describes the achievement and development of the theory of causation from both foreign and domestic angles including production, development, effects and disadvantages, etc. This chapter will be written as time for clues. Abroad, Condition theory, Doctrine of causes, the equivalent theory will be introduced; At home, positive causal relationship and fortuitous causal relationship will be introduced. In the end, the equivalent theory will be mentioned again. 万方数据 Chapter Two is treat of the Interventions. Th