Journal of Chaohu University ›› 2021, Vol. 23 ›› Issue (5): 46-53+70.doi: 10.12152/j.issn.1672-2868.2021.05.007

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Reflection on the Typical-atypical Model of Criminal Law Causality

LIU Tao: School of Law, Xiangtan University   

  1. School of Law, Xiangtan University, Xiangtan Hunan 411105
  • Received:2021-05-24 Online:2021-09-25 Published:2021-12-03

Abstract: Necessary-accidental causality theory, equivalent causality theory and objective imputation theory are all typical-atypical models. This model forms an internal fit with the common-sense view of criminal law, objectivism of criminal law, and the relationship between retribution and preventiveness, so it is still a research paradigm for the causality of criminal law. However, the typical-atypical model is not only unstable and inaccurate in judgment, but also cannot be applied to the field of accomplices. Abandoning the typical-atypical model is the only way to get out of the quagmire of the uncertainty of result attribution, and it is also the ideological basis for constructing a unified imputation model for single offenders and accomplices.

Key words: causality, typical-atypical, objective imputation, individual imputation, differentiated imputation

CLC Number: 

  • D924.1