刑法因果关系主观论批判

Criticism of subjectivism of criminal causality

刑法因果关系主观论是指一种承认主观性在刑法因果判断的作用,认为刑法因果关系是人们主观选择的结果,在认定刑法因果关系时应考虑行为人的主观态度的观点。该观点的出现使刑法因果关系客观性原理受到较大冲击,引起刑法因果关系理论的混乱,导致司法实务出现相互矛盾的判决。坚持刑法因果关系客观论,必须正确认识引起结果的原因。

The so-caLled ＂Subjectivism of Criminal CausaLity＂ is a kind of theory that recognizlng the role of the subjeotivity in causal judgment in Criminal Law, and thinking criminal causality is a result d people＇s subjective choice, subjective attitude of the perpe- trator should be considered, when we identify the criminal causality. With the emergence of this theory, the principle of objectivity of criminal causality that had no doubt in past years is being exposed great impact. It is causing the confusion of people＇s thinking. The ideological confusion in people＇s thinking leads m the chaos of criminal causation theory, diretly affects the judicial practice, and generates a lot of random sentence. We must correctly understand the masons causing the results when we insist on objectivity of criminal causality.