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因果关系的认定中最关键的一个环节在于判断是否出现了介入行为导致因果关系的中断,即其中是否有异质因素的出现。而异质因素对于因果关系来说,是一个典型的法律判断的问题,特别是在国内外学界将相当因果关系学说认定为主流通说的前提下,对于因果关系进程中出现的比较难以界定介入因素是否阻断因果关系,又如异质因素的行为形式、认定范围等问题,更需要不断通过探讨加以明确。笔者将通过对近期司法判例的梳理,结合相关学术研究内容,试图回答认定异质因素当中认定范围和行为方式等重要问题。
One of the most crucial links in the determination of causation lies in whether there is a disruption in causation caused by the intervention or whether there are any heterogeneous factors in it. The heterogeneous factor is a typical problem of legal judgment for causality. Especially in the domestic and foreign academic circles, the theory of causality is regarded as the mainstream and under the precondition that it is difficult to define the causal relationship Factors that block causal relationships, such as the behavior of heterogeneous factors, determine the scope and other issues, but also need to continue to explore through to be clear. Through the combing of recent judicial precedents, the author will try to answer the important questions of identifying the range and behavior of identification among the heterogeneous factors by combining relevant academic research contents.