MindMap Gallery Bai Langtao's legal examination of causality
This is a mind map about the causal relationship of Bai Langtao's legal examination. The causal relationship mainly explores the relationship between the cause and the cause of the actual harmful results in the sense of the constituent elements.
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Avatar 3 centers on the Sully family, showcasing the internal rift caused by the sacrifice of their eldest son, and their alliance with other tribes on Pandora against the external conflict of the Ashbringers, who adhere to the philosophy of fire and are allied with humans. It explores the grand themes of family, faith, and survival.
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causation
significance
Solve the problem of attribution of actual harm results (mainly refers to the actual harm results of personal injury/property harm results are solved by the behavioral formula of separate theory)
The completed problem of intentional crime
The establishment of aggravated crime as a result
The establishment of criminal negligence
Judgment criteria
The conditions are not enough
The conditional theory holds that without A, there is no B, and A is the cause of B. Here A is actually a necessary condition for B, but not a sufficient condition. The demonstration of causality is not sufficient and can easily lead to the infinite extension of the causal chain.
Quite a causal relationship
danger actualization theory
Two-step approach to intervening factors
Are the intervening factors abnormal?
Not abnormal
The antecedent behavior and the actual harmful result are related to each other
Antecedent behavior has a causal relationship with the outcome
abnormal
Antecedent behavior and actual harmful consequences are independently related
Who plays a big role
Antecedent behavior plays a big role
Antecedent behavior has a causal relationship with the outcome
Intervening factors play a large role
Intervening factors have a causal relationship with the outcome
same size
Two causes and one effect
Types of intervening factors
the victim’s own behavior
The victim committed suicide
In principle, there is no causal relationship with previous actions
Exceptions: crimes of violent interference with freedom of marriage, crimes of abuse
In the crime of rape, man A rapes woman B, and woman commits suicide afterwards. There is no causal relationship with the act of rape, but the punishment must be aggravated, so suicide is considered to have caused "other serious consequences."
third party behavior
block aid
The death result has a causal relationship with the act of blocking rescue, but has no causal relationship with the previous behavior (provided that there is a realistic rescue behavior and there is a possibility of rescuing)
The victim’s special physique
See whether there is a causative relationship between previous behavior and the onset of the disease. If so, there is a causal relationship.
Generally there is a causal relationship
Note: The existence of a causal relationship does not mean that a crime is constituted. Whether to bear criminal liability depends on the subjective elements.
cases that cannot be clarified
The principle of favoring the accused in case of doubt
act as a person
When there are doubts about the facts of the case, make a determination in favor of the defendant
Conclusion: When the time of death cannot be ascertained, the earlier the death is, the better it is for the defendant.
Act as two people
Two people commit a joint crime
One person implements it and is responsible for all
Two persons do not constitute a joint crime
The sooner you die, the better for your brothers
Serial crush case