论刑法因果关系的几个问题

Problems in Causality of Criminal Law

刑法因果关系历来是理论界争论的热点。在详细阐释了什么是刑法因果关系、刑法因果关系的研究对象以及刑法因果关系的客观性的基础上,对刑法因果关系同犯罪构成、刑法责任之间的问题作了大量论述,阐明在刑法因果关系中不存在偶然因果关系,并以马克思主义的内因与外因的辩证统一关系理论为指导,批判、继承了相关的“条件说”、“原因说”,提出在刑法因果关系中造成危害结果的原因的判定上,应坚持“刑法内、外因辩证统一”的观点。

Causality of criminal law is always the hot topic debated among theorists. Based on the detailed expression of causality of criminal law, the subject of its study, and its objectivity, this essay deals largely with the problems in cansality of criminal law and criminal structure, and in responsibilities of criminal law, holds that there doesnt exist any occasional causality, uses Marxist theory of dialectical unity of internal and external cause as the guide to criticize, inherit the relevant ＂condition＂ and ＂cause＂, and points out that we, based on the judgment of the harmful result caused by causality of criminal law, insist on the concept of ＂dialectical unity between internal and external cause of criminal law.