沈阳工业大学学报（社会科学版）2016，Vol.9Issue(6)：481-490,10.DOI:10.7688/j.issn.1674-0823.2016.06.10
客观归责理论之反思性检讨∗--兼及因果关系在我国犯罪论体系中的地位
Reflective review on theory of objective imputation:and position of causality in system of criminal theory in China
摘要
Abstract
The theory of objective imputation is derived from the field of causality theory, which is paid close attention quickly by the theory circles of various countries, and it has caused great repercussions in the world. The causality problem is one of the important theoretical issues closely followed in the theory of criminal law in the world. It has a very important position in the system of criminal law theory, which has a very important position in the theoretical system of criminal law in various countries. From the conditions theory to the proximate causality theory, and then to the theory of objective imputation, the theoretical system of causality is rather complicated. Each theory has its own arguments. Every theory has its own advantages and disadvantages. The objective imputation theory has gone beyond the field of causality, which has reached the level of responsibility. That confuses the identification of causality and imputation, and aggravates the confusion of hierarchy theory. Due to the crime theory system of four elements in China, the judgment of causality can only be done by applying the condition theory, without the space for the application of objective imputation theory.关键词
因果关系/客观归责理论/条件说/相当因果关系Key words
causality relationship/theory of objective imputation/condition theory/proximate causality theory分类
社会科学引用本文复制引用
张学永..客观归责理论之反思性检讨∗--兼及因果关系在我国犯罪论体系中的地位[J].沈阳工业大学学报（社会科学版）,2016,9(6):481-490,10.基金项目
教育部人文社会科学研究青年基金项目(15YJC820049) （15YJC820049）
中国人民公安大学科研项目(2015JKF01446)。 （2015JKF01446）
