论刑法因果关系

On Causality in Criminal Law

无论在刑法理论上,还是在刑法实践上,刑法因果关系都是一个极其重要而又极其复杂的问题。而刑法偶然因果关系能否成立的答案则存在于内外因对立统一原理、必然性与偶然性对立统一原理、因果性与必然性、偶然性辩证统一原理、原因与条件的区别之中,并在刑法实践中得到最终验证。如果刑法偶然因果关系难以成立,则刑法必然因果关系本身也是有问题的。

Causality in criminal law is a rather important and complex issue both in theory of criminal law and in practice of criminal law. The answer that causality in criminal law is tenable or does not lie in the principle of unity of opposites of internal cause and external cause, the principle of unity of opposites of inevitability and contingency and the difference between cause and condition, which is finally tested by practice of criminal law . If fortuitous causality in criminal law is not tenable, necessary causality in criminal law itself is an issue.