Causality Judgment of Intervening Victim Factors from the Normative Perspective

DOI

10.2991/978-2-494069-31-2_195How to use a DOI?

Keywords

Causal Relationship; Intervention Victim Factor; Normative Judgment; Theory of Objective Imputation

Abstract

The judgment of causality in criminal law should be normative judgment rather than simple factual judgment. Correspondence theory of causal relationship relies too much on the judgment of “correspond”, while the judgment of interventional causality generally determines whether the behavior is abnormal from the general point of view. The normative evaluation system embodied in the theory of objective imputation is more in line with the criminal policy requirements of multi-cause and one-effect complex causality judgment involving the factors of the victim. The risks that are not allowed by the antecedent behavior and the risks created by the antecedent behavior cover the risks of intervention, and the actual harmful results should be attributed to the victim's behavior of intervention. If the intervening victim's behavior creates a new risk or expands the risk of the antecedent behavior, the antecedent behavior can decisively affect the victim's choice of intervening behavior, and the causal relationship between the antecedent behavior and the result of criminal law should be affirmed. On the basis of the antecedent behavior, the victim's intervention behavior has a better choice, which should be attributed to the victim's own behavior.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Jinyuan Tan
PY  - 2022
DA  - 2022/12/29
TI  - Causality Judgment of Intervening Victim Factors from the Normative Perspective
BT  - Proceedings of the 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022)
PB  - Atlantis Press
SP  - 1662
EP  - 1668
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-31-2_195
DO  - 10.2991/978-2-494069-31-2_195
ID  - Tan2022
ER  -