| The existing theory on causality in criminal law is too broad in scope and, as a result, an actor may incur the responsibility of accomplished crime for some rare accidental results. The concept of error of causality attempts to deal with this phenomenon by shifting the problem which is difficult to solve at the objective illegal stage to the subjective responsibility stage. However, this kind of attempt not only fails to solve the problem that causality is wrongly identified and the special conditions of the victim become the main cause of the result, but also adds to the burden of liability judgment, resulting in the imbalance between judgment of illegality and judgment of responsibility. Therefore, dealing with the phenomenon of causality error at the objective level has become the mainstream method in various theories, among which the theory of realization of behavioral danger, which is similar in nature to the theory of objective attribution, becomes the first choice. However, the current doctrine of realization of behavioral danger has a strong flavor of causality and needs to be revised. Since the purpose of criminal causality is to limit the scope of punishment and the doctrine of realization of behavioral danger emphasizes the objectivity of the judgment of causality in criminal law, there is no need to take "abnormality"-a normative factor that can easily lead to subjectivism in the judgment of causality-as the basis for judgment. The degree of contribution or participation of an act confirmed by the judicial appraisal made on the basis of scientific knowledge and means is the sufficient basis for judging whether the realistic result can be evaluated as the realization of behavioral danger. |
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