刑法因果关系中介入因素的判断

刑法因果关系的理论研究很多,而对其中后介入因素的判断,一直是刑法判断的难点所在,从评述刑法因果关系的介入因素的论争入手,就介入因素对原有因果关系的作用、条件等状况,作出比较分析,并概括出刑法因果关系及其介入因素的性质,可能有利于对其介入因素的正确判断。对刑法因果关系新介入因素判断的方法要求,重在分析介入因素是否发挥了积极作用、考虑其前后因素的合力问题、对前后因素作具体比较,并结合认知常理公正判断,这些策略性措施可能有助于对刑法因果关系中的介入因素的正确判断,值得在司法实践中进一步发展创新。

The Judgment of Interposing Factors in the Cause-Effect Relationship in Criminal Law

There are many theoretical researches of cause-effect relationship in criminal law,but it is a difficult point to judge after factors of causality get involved.Study on the dispute of causality in criminal law may be favorable to the correct judgment of interposing factors,based on the comparative analysis of the effects and conditions of factors of the involved causality and the conclusions of the causality relationship and features of these factors.As to the methods required for the study of these factors,it is important to find whether these interposing factors function actively or not,and to consider what the joined force of the pre-post factors is,so as to make a comparison of the two kinds of factors and make a fare judgment with cognitive theory.These strategic measures are probably helpful to the correct judgment of interposing factors in criminal law,and should be developing and renovating further in law practice.