刑法中的危害行为与危害结果的因果关系（The causality between the dangerous act and the harmful result in criminal law）.doc

刑法中的危害行为与危害结果的因果关系（The causality between the dangerous act and the harmful result in criminal law） I. causation in criminal law 1, meaning Causality in Criminal Law refers to the regular relation between the harm act and the result of harm. 2, characteristics (1) objectivity. Causality is an objective relation, not transferred by human will. Whether or not the actor realizes that his actions may cause harm to society, does not affect the determination of causation. For example, a and B because of a trivial dispute, to B a B chest thrust, cause a heart attack, ineffective treatment and death. In this case, although a subjective can not predict the outcome, but its behavior and results still have a causal relationship. This cause and effect relationship is not transferred by human will, and whether a person bears criminal responsibility should be regarded as subjective and innocent. (2) ordinal. Causal relationship has a temporal order, because before, after, and the consequences of the harm can not occur before the harm act. If a, after the B killed, C mistakenly believe that B did not die, and then cut off the second head, and the behavior of C and Bs death is no cause and effect relationship. (3) relativity. The causal relationship is specific and conditional, the damage is often the result of a series of interaction terms, the harm behavior may be one of the conditions, therefore, other conditions are not denied the existence of causal relationship. For example, a two shot in the stomach of the second, rushed to the next hospital to rescue. The hospital said there was no blood bank and could not be rescued, and suggested another hospital. To another hospital, the hospital nurse said the surgeon is not in, can not rescue, suggested that it to third hospitals. After third hospitals, B died due to excessive bleeding. In fact, if the first or second hospital admissions, take measures to stop bleeding, not on the road for more than 3 hours, B will not die. In this case