刑法上相当因果关系之经验解读

On Analysing Appropriateness of Criminal Causality from Social Experience

大陆法系中的刑法因果关系历经条件说、原因说、相当因果关系说以及新近的客观归责论。客观归责论在条件说归因的基础上进而归责,试图把事实与规范通过"不被容许危险的理论"进行的对接,不失为因果关系理论的研究带来全新的路径;因我国的犯罪概念与犯罪构成理论及社会经济文化背景皆异于大陆与英美法系,对因果关系的"相当性"用"常识、常理和常情"进行经验上解读是明智的选择。

The criminal causality in continental law system undergoes point of view of condition, causality, relative causality as well as the recent viewpoint of objective inputation. In recent years, the viewpoint of objective inputation based on the cause of view of condition, attempts to connect facts and regulation through the ＂theory of non-permission danger＂, which is a new way led by theory of causality. The theory of concept and elements of committing crime, and socio-economie and cultural backgrounds are different from the continental law and common law countries. Therefore, it is a wise choice to analyse ＂appropriateness＂ of causality basing on experience by ＂general knowledge, general rule and common