Causation of the law

Causal relationship of lawful rules: if the act creates a danger of infringement of legal interests, the danger can be realized in a regular manner, and if the actual harmful result occurs, there is a causal relationship between the actual harmful result and the actual harmful result.

For example, if A directly hacks B to death with a knife, A poisons B to death, A sets fire to B and burns B to death, A opens B's heart in ** and causes him to die, etc., the result of death is the direct actualization of the danger of infringement of legal interests, and there is a causal relationship between A's behavior and the result of death.

Classic case: A and B shoot at C, and C dies.

1) If A and B hit C in the heart at the same time without conspiring to cause his death, there is a causal relationship between A and B's acts and death, and the crime of intentional homicide is established (double causation).

2) If A hits C and B misses, and A and B do not conspire, there is a causal relationship between A's act and death, and it is established that B's act has no causal relationship with death, and the attempt is established.

3) If it is not possible to find out who caused C's death (only one fatal injury) and there is no conspiracy between A and B, according to the principle of benefiting the actor in doubt, neither A nor B's acts have a causal relationship with the death, and both are attempted.

4) If A and B are in the same league as C, no matter who kills C, whether it is found out or not, according to the principle of attribution of the facts of the accomplice's violation, there is a causal relationship between the acts of A and B and the death, and both are established.

5) If neither A nor B's actions result in fatal injuries, but the two wounds bleed, causing C to bleed excessively and die, there is a causal relationship between A and B's acts and the part of death, and a completed (overlapping causal relationship) is established.

6) If A and B cause the death of C through joint negligence, there is a causal relationship between the acts of A and B and the death, and both are guilty of negligence causing death, but it is generally believed that they are not punished as accomplices.

7) If A and B each committed negligent acts and it is impossible to find out who caused the only fatal injury, according to the principle of benefiting the perpetrator when in doubt, there is no causal relationship between A and B's acts and death, and both A and B are not guilty (the crime of negligence requires actual harm).

Causation itself is not an objective element of a pure crime, but only a determination of whether there is a connection between the act and the result. Causation is the relationship between the act of doing business and the result of the actual harm, and it is the glue between the two.

Premise of discussion: In the case of ascertaining facts, the principle that the facts have not been ascertained and the suspicion is in favor of the defendant.

1.The causal relationship of intentional crime is not a constitutive element, but the question of whether it is completed, and there is no causal relationship, but it is not possible to bear criminal responsibility for the result, and the establishment of the crime and the completion of the crime are not the same issue.

2.A crime of negligence is a consequential crime, and a causal relationship is a constitutive element, and a crime of negligence without a causal relationship is not guilty.

The existence of a causal relationship does not necessarily establish a crime, it depends on the subjective elements of the offender, there is cause and effect but there is no intention, negligence is an accident, and the reason for innocence is that there is no subjective constitutive element, not that there is no causal relationship.

b) Two levels.

1.Determine from a factual point of view what causes this result (de facto causality): foundation, natural significance.

2.Determining whether the resulting act is responsible from a normative point of view (attribution at the normative level): legal significance.

The relationship between the two: there is no natural meaning and there is no legal significance, but there is no legal significance if there is a natural meaning.

c) Dichotomy.

1.Requirements for the implementation of the act.

The "cause" refers specifically to the commission of the crime, and neither the lawful act nor the preparatory act for the crime can be said to be a matter of causation.

1) If an act does not have the risk of infringing on legal interests or reducing the danger, it is not an act, and the result cannot be attributed to the act.

2) If there is no possibility of avoiding the result, the act can be directly denied, and then the causal relationship can be denied.

The principle of prevention and the principle of its application.

a) The meaning of the precautionary principle.

Safety management should focus on prevention, that is, through effective management and technical means, to prevent unsafe human behaviors and.

The occurrence of unsafe state of things, so as to minimize the probability of accidents, this is the principle of prevention.

The essence of prevention is to take precautionary measures to prevent the occurrence of injuries when accidental personal injury or health damage may occur.

Prevention and aftercare are two working methods of safety management.

Aftermath is the response to the consequences of an accident.

In this case, no matter how perfect the treatment is, the injuries and losses caused by the accident have been.

happens, and this perfection can only be relative. Obviously, the working method of prevention is proactive, proactive, and it is the right thing that safety management should be.

The main approach to be taken.

Safety management is based on prevention, and its basic starting point is that accidents in the production process can be prevented.

In addition to natural disasters, all hazards caused by human activities always have their causal relationship, and accidents are explored.

In principle, accidents can be prevented by taking effective countermeasures.

Since prevention is a matter of prioritization, correctness and effectiveness are important.

Production systems are generally complex.

system, the occurrence of accidents has both physical and human causes, and it is difficult to estimate fully in advance. Sometimes the problems that focus on prevention do not happen, but the problems that are not addressed lead to catastrophes.

In order to make the prevention work really effective, on the one hand, it is necessary to attach importance to the accumulation of experience, and to conduct statistical analysis of fait accompli accidents and a large number of near-miss accidents (near-miss accidents), so as to discover patterns from them. Be targeted;

On the other hand, it is necessary to adopt scientific safety analysis and evaluation technology, and the production of people and things is not good.

Accurate judgment of safety factors and their consequences can be implemented to prevent accidents.

In fact, it is very difficult to prevent all accidents, which means that it is impossible to reduce the probability of accidents.

Zero. Therefore, it is necessary to take adequate measures to deal with the aftermath as a precautionary measure. Safety management should adhere to the principle of "prevention as a whole."

Lord, the aftermath is supplemented".

Causality, also known as the "law of cause and effect". The law of cause and effect has three laws, namely:

One. Effect arises from cause: no cause can produce effect, and there must be a cause for effect. It is a time series, the cause must come first, the result can only come later, and the chronological order of the two cannot be reversed.

Two. As the relationship between the cause and the cause of objective phenomena, it exists objectively, and does not depend on human will, and has its universal rationality in things. For example, there must be death in life, there must be dispersion in gathering, there must be separation in union, and there must be bad in success, this is an inevitable principle.

Three. Existence depends on emptiness: Anything that produces existence must arise according to the negation of the nature of reality, and the diversity of connections between objective things determines the complexity of causal connections.