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风险升高理论是客观归责原则下的下属归责,自提出开始便受到了各种质疑,文章希冀带风险升高理论走出三个迷思:风险社会中因果关系的不可测性使得因果关系的处境面临危机,疫学因果关系使风险升高理论有了从事实层面判断的合理化标准;风险升高理论是一种风险竞合,不仅仅是因果关系的累积,而且还包括因果关系中断的可能性,但这些都是不可知的;对于风险升高理论危险犯倾向的指责并不妥当,与其说是危险犯归责,毋宁说未遂的归责。最后风险升高理论可以从不作为犯的组织管辖与制度管辖两个范畴寻找归责路径。
The theory of risking risk is subordinate imputation under the principle of objective imputation. It has been questioned since it was put forward. The article hopes to bring the risk rising theory out of three myths: the causal relationship between risk and causality in risk society Is facing a crisis. The causality of epidemic causes the theory of risking risk to be rationalized from the factual level. The theory of risking risk is a kind of risk co-operation. It is not only the accumulation of causality, but also the possibility of disruption of causation However, these are unknowable. The accusation of the tendencies of dangerous risk-taking in theory is not proper, not so much a criminal as a dangerous one, but rather an attempt to blame. Finally, the theory of risk escalation can not be taken as a criminal organization and system of jurisdiction to find two areas of responsibility for the path.