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On the Causality of Public Hazards

Author: ZhouWei
Tutor: LiLanYing
School: Xiamen University
Course: Criminal Law
Keywords: Public hazards causality presumption
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 131
Quote: 2
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Abstract


Public nuisance,as the product of a highly developed economy,is to bring a huge threat to national life.The causality of public hazards is high-tech,indirect, cumulative,latent etc.In this case,if we stick to traditional theories of causality in criminal law,not only litigation will drop into much scientific debate unnecessary,but also the plaintiff could not prove the existence of causality,so the rights and interests of victims will be unable to obtain timely and the legal concept of fairness and justice will be also damaged.Therefore,presumption should be introduced to the proof of the causality in public hazards.This thesis is divided into four sections.The first chapter briefly introduces the public hazards.It makes a definition of the concept of public hazards and analyses the characteristics of public hazards.Then on these bases it makes an analysis of the characteristics of causality in public hazards.ChapterⅡdiscusses various major theories of causality in China and foreign countries.Then it analyses the Predicament of traditional theories of causality when they are applied in public hazards and put forward the presumption of causality in public hazards.ChapterⅢdoes an analysis of basic principles of presumption and introduces the presumption of causality in public hazards and its rationality of being applied in public hazards.ChapterⅣsets out specific rules and necessary restrictions of the presumption of causality in public hazards and applies these rules to a real case.Finally it puts forward the necessity,pattern and suggestion of legislation.

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