因果关系论是德国刑法客观归责理论中重要的一节,其较早的形态为“等值理论”(条件理论)。等值理论由于条件范围过宽而有导致不当判决之虞,广为学者所诟病。支持者在理论发展的过程中认识到等值论内在的紧张,并给出了突围的方案,其中最有说服力的是区别因果论与归责论。区别因果论与归责论不仅仅是对等值理论的修正,更是德国刑法思维的体现。我国刑法理论中长久以来所支持的“相当因果关系说”在本质上也属于区别因果论与归责论,传统刑法因果理论对因果论学说的划分值得检视。 Causal relationship theory is an important section of the theory of objective imputation in German criminal law. Its earlier form is “equivalent theory ” (condition theory). Due to the wide range of conditions, the equivalence theory may lead to inappropriate judgments, which are widely criticized by scholars. Proponents realized the inherent tensions of equivalence in the process of theoretical development and provided a solution to break through. The most convincing one is the distinction between causal theory and imputation theory. The difference between causal theory and blame theory is not only amending the equivalence theory, but also reflects the thinking of German criminal law. The “causal causality” supported by our country’s criminal law theory for a long time has also been divided into causal theory and imputation theory in essence, and the division of causal theory in the traditional criminal causal theory is worth examining.