看了《民主与法制》第9期《宽严相济判定“制止吸烟”夺命案》后,对法院的判决有些看法。法官和辩护人在对刑法的因果关系的认识上,都有偏颇之处。邓明死亡的直接原因是心脏病发作,二被告与邓明的厮打行为是诱发心脏病发作的因素之一,二人的行为与邓明的死亡后果之间具有刑法的因 Read the “Democracy and the rule of law” No. 9 “determination of justice and restraint” to stop smoking “case of life”, the court’s decision some views. Judges and defenders are biased in their understanding of the causal relationship of criminal law. The direct cause of Deng Ming’s death was a heart attack. The two defendants and Deng Ming’s sermons were one of the factors that caused the heart attack. The criminal law between the two acts and Deng Ming’s death was due to