刑法中因果关系与客观归责之关系研究

Study on the Relationship Between Causation and Objective Imputation in Criminal Law

客观归责理论的嬗变历程,不仅其原动力来自因果关系理论,而且与各种补充条件理论的因果关系理论同向且同步发展。客观归责与因果关系是客观构成要件中两个各自独立的构成要素。客观归责论区分了归因问题与归责问题,结果原因的判断,立足于经验的观点,采用条件说的标准,判断有无事实上的因果关系;结果归责的判断,则以规范的保护目的的观点,根据客观归责理论的规则,判断可否将结果的发生归责于行为。

The objective imputation theory, with its motive power being causation theory, has evolved synchronously with various cause-effect theories that reinforce the condition theory. Objective imputation and causation are two independent essential elements within the objective requisite. The objective imputation theory differentiates causation from imputation and the experiential causation is judged by the criteria of the condition theory so as to tell whether there exists a factual causation. Furthermore, effect imputation, for the sake of code protection, is evaluated on the basis of the rules of objective imputation by which to determine whether the effect can be attributed to an action.