Abstract:
Since Hume's "A Treatise of Human Nature" was published,the state of the complete separation of fact from value,in a sense,offers the support to the thesis of the causation of criminal law as objective facts,which had been in a position of common remarks for a rather long period. The entanglement theory,put forward by Hilary Putnam with the basis of fact-value theory,puts an end to the thesis of the Fact and Value Dichotomy. The causal judgment rules in criminal law also conform to the reality of the entanglement of facts and values. In content,the fact-value relationship of the facts in criminal law extends the definition and analysis of the elements of the causal facts-the causation of the value of criminal law is mutual transformation and definition between the subjective value and objective value. In essence,the causation of the facts in criminal law is the one of behavior controlling and interrelation. That is,the causation of the facts in criminal law is legal relation in criminal law,which is one of the products but doesn't just originate from result-oriented pragmatism. The causation of the facts in criminal law has the function of confirming the facts in cases and laying the foundation to causality in law and the causality of the value in criminal law performs two functions of drafting and confirmation. The causation of the value in criminal law is choice of value by researching based on the fact-value theory,which is constructed by the two ways-one is of discovering and deconstruction and the other of reconstruction and explanation.