论刑法上的因果关系

Cause-Effect Relations Contained in Criminal Law

刑法的因果关系一直是我国刑法理论研究中争论的问题,不同学派有各自的观点,虽然各有其合理性,但也有不足之处,在指导司法实践过程中易产生混乱,势必导致法律适用的混乱。借鉴英美法系国家关于刑法因果关系的双层次原因理论,构建我国的刑法因果关系理论体系,将对司法实践现状产生实际有效的指导作用。

Cause-effect relations in criminal law have long been a hot issue in theoretical study. Despite their rationality, different views also have their own deficiencies,which will unavoidably lead to confusions in judicial practice and application. It will be of guiding effect on the judicial practice to construct our own theoretical system of cause-effect relations in criminal law by taking the dual-level cause theory about cause-effect relations in criminal law in such countries as Britain, France and U. S. A for reference.