Reflection on the Typical-atypical Model of Criminal Law Causality

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  • School of Law, Xiangtan University, Xiangtan Hunan 411105

Received date: 2021-05-24

  Online 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.

Cite this article

LIU Tao . Reflection on the Typical-atypical Model of Criminal Law Causality[J]. Journal of Chaohu University, 2021 , 23(5) : 46 -53+70 . DOI: 10.12152/j.issn.1672-2868.2021.05.007

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