CAJ | 학술논문

我国刑法中传统因果关系学说的混乱导致了司法实践的＂手足无措＂,因果关系理论的完善应沿着以下路径进行：刑事因果关系应分为事实因果关系和法律因果关系。事实因果关系解决归因问题,法律因果关系解决归责问题。法律因果关系分为定罪因果关系和量刑因果关系,而定罪因果关系又是因果关系问题的核心问题,其认定标准包括积极要件和消极要件。
아국형법중전통인과관계학설적혼란도치료사법실천적＂수족무조＂,인과관계이론적완선응연착이하로경진행：형사인과관계응분위사실인과관계화법률인과관계。사실인과관계해결귀인문제,법률인과관계해결귀책문제。법률인과관계분위정죄인과관계화양형인과관계,이정죄인과관계우시인과관계문제적핵심문제,기인정표준포괄적겁요건화소겁요건。
The traditional theory of causation is disordered in Chinese Criminal Law, which leads to the chaos in Judicial practice. The traditional theory of causation can be supplement in the bclowing way. The causation in Criminal Law can be devided into the causation based on the factual relationship and the causation based on the legal relationship. The causation based on the factual relationship is to solve the issue of attribution, and the causation based on the legal relationship is to solve the issue of zurechnung. The causation based on the legal relationship is dcvided into the causation of conviction and the causation of sentencing. The causation of convic- tion is the core issue in the theory of causation, which is devided by positive element and negative element.