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对刑法因果关系中介入因素的判断,及其刑事责任的确定等问题,在目前的刑法理论与司法实践中尚存争议。本文认为介入因素是否中断刑法因果关系,可参照“三个条件说”的观点,综合考虑各案的具体情形,而因果关系仅是行为人承担刑事责任的客观基础,其必然性与偶然性的区分,不是界定行为人承担刑事责任的标准。本文将从一个具体案例入手,对上述问题发表相关见解。
Judgment on the factors involved in the causal relationship of criminal law and the determination of its criminal responsibility are still controversial in the current criminal law theory and judicial practice. This article considers whether the intervention factor interrupts the causal relationship of the criminal law and refers to the viewpoints of the “three conditions” and takes into account the specific circumstances of each case. The causal relationship is only the objective basis for the criminal to bear the criminal responsibility, and its inevitability and contingency Distinction is not a criterion that defines the criminal responsibility of the perpetrator. This article will start with a specific case, the views expressed on the above issues.