略论法学中的因果关系

Discuss on Causal Relationship in Jurisprudence

法学中的因果关系是行为与结果之间的关系,辨明有无因果关系,必须进行具体的分析。因果关系应有偶然和必然之分。偶然因果关系和必然因果关系一样,都是通过主观要件来确定负责或免责。未遂犯和形式犯罪,不存在因果性。在不作为中,可能有因果性或无因果性,要具体分析才能确定。

Causal Relationship in Jurisprudence mainly means the relationship between the conduct and the outcome. To distinguish whether the causality is tenable, it needs concrete analysis. Causal Relationship can be divided into Positive Causal Relationship and Fortuitous Causal Relationship. In the aspect of how to confirm to response or with impunity, through subjective elements of crime, they are the same. Attempted offense and criminal offence do not have causal relationship. During the process of omission, there may be or may not be causality. Concrete analysis was needed ,as to confirm.