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在我国法律日益健全的今天,刑法因果关系受到越来越多的关注,其他学科的因果关系多为事件内因和事件外因与结果之间的关系,而刑法因果关系则不是这样,它只是考虑事件外因与结果上的关系。它还有一个与其他因果关系的学说所不同的侧重点,即其他因果关系学说具有客观性,而刑法因果关系多是学说自身缺陷的体现。虽然刑法因果关系没有否认客观性,但其关注点始终不在于此。本文我将论述刑法因果关系的几个最基本的问题。
Nowadays, with the development of our country’s law, the cause and effect of criminal law is paid more and more attention. The causality of other disciplines is mostly the relationship between the internal cause of the incident and the external cause of the event, but not the causal relationship of the criminal law. It only considers the event External causes and the relationship between the results. It also has a different emphasis from other theories of causation, that is, other theories of causality are objectivity, and the causal relationship of the criminal law is mostly a manifestation of the flaws of the doctrine itself. Although the causal relationship of criminal law did not deny the objectivity, its focus has always been on this point. In this article I will discuss some of the most basic issues in the causal relationship of criminal law.