刑法因果关系判断路径的选择简

刑法中的因果关系的理解与分析,应采取归因与归责的相分离模式,在归因阶段采取条件理论作为判断标准已达成共识,而在归责阶段则主要存在修正的条件理论、相当因果关系理论以及客观归责理论.本文认为在归因阶段应采取合法则的条件说,在归责阶段则通过对实行行为、违法性阻却事由等犯罪论理论的运用具体判断是否进行归责.同时认为,应在归因判断时强调事实存疑时有利于被告人的原则.

Choice of Judging Mode on the Causality of Criminal Law

The mode of ＂attribution separates from imputation＂ should be used in understanding and analyzing the causation of criminal law. Condition theory is adopted as judging standard in attribution stage, which was reached a consensus. However,there are a- mended condition theory, corresponding causation theory and objective imputation theory in imputation stage. Legitimate condition theory should be adopted at the attribution stage. At imputation stage, we should impute by judging the practical application of crime theory such as real action and impediment of illegality. Meanwhile, it is necessary to emphasize the doctrine profitable to the defendant when there is suspect on truth.