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不管是在刑法理论中,还是在司法实践中,因果关系的认定一直是重要问题,有时还会影响到罪案的判罚。我国法学界学者研究因果关系的目的是为了促进刑事判罚的质量,让司法实践更加准确,因果关系有利于刑法的判定,但罪刑法定的原则才是定罪量刑的根本准则。本文认为刑法上因果关系的判断应当以罪刑法定原则为指导,以因果关系作为核心进行分析,探讨了因果关系在刑法判断中的应用。
Whether in the criminal law theory or judicial practice, the determination of causation has always been an important issue, sometimes affecting the criminal penalties. The purpose of causality research by scholars of jurisprudence in our country is to promote the quality of criminal punishment and to make the judicial practice more accurate. The causation is in favor of the criminal law, but the principle of the legal punishment is the basic principle of criminal conviction and sentencing. This paper argues that the judgment of causality in the criminal law should be guided by the principle of legality, with the causation as the core, and the application of causality in the judgment of criminal law.