因果关系是侵权行为责任成立的构成要件之一,对于理论和实务都非常重要。根据英美法理论,因果关系的认定分两步:事实上因果关系和法律上因果关系,对于后者的判断采可预见性标准。大陆法系通说采相当因果关系说,“相当性”的判断标准与英美法“法律上因果关系”非常类似。我国侵权行为法理论上以相当因果关系说为主流。但实务中疑难案例的处理并非遵循相当因果关系说的判断思路。在目前的情形下,对于因果关系的认定宜结合主观过错要件来弥补因果关系论证的不足。 Causation is one of the elements of the establishment of liability for tort and is very important to both theory and practice. According to the theory of Anglo-American law, the determination of causation is divided into two steps: in fact causal relationship and legal causation, the predictability of the latter is adopted. The civil law system says that adopting a fairly causal relationship means that the criterion of “equivalence” is very similar to “legal causality” between the Anglo-American law. The theory of tort law in our country is regarded as the mainstream in terms of causality. However, the handling of difficult cases in practice is not based on the judgment of causal relations. In the current situation, the causal relationship should be identified with the subjective fault elements to make up for the lack of causal relationship argument.