The deviation of causal course and the attribution of intention —new standard: theory of independent assessment

• Main Authors: Chi, Pen Lu, 戚本律
• Other Authors: Hsu, Yu Hsiu
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/92113703090633765926

碩士 === 國立政治大學 === 法律學研究所 === 98 === The general opinion in Taiwan’s academia considers the error of causal course as an error occurred in the composing elements of a crime. The academia is also of the opinion that the intent of crime shall include the essential parts of the causal course. If any such part is left out of account, the intent of crime shall also be excluded. The theory of essentiality (Theorie der Wesentlichkeit) brought forward by the German court is the main fundation for the opinion of Taiwan’s academia. German authors have questioned this theory in the recent years. They hold that the problem of deviation of causal course is rather a problem of norm assessment rather than a problem of psychological facts. Thus the past fallacy has been gradually replaced by the theory of attribution of intention, and the research on deviation of causal course which was undertaken under the category of intention has also been changed to the category of attribution of intention. As regards the attribution of intention, the German authors have developed some specific approaches to solve the error of the chain of causation. Nevertheless, these resolutions are much the same, for they all emphasize a partial coincidence between the intent and the real causal course. As a conclusion, the author claims that the coincidence can't solve the problem of deviation of causal course, and proposes a new theory, - the theory of independent assessment, with the hope of facilitating the research of the problem of deviation of causal course.