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在司法解释中,作为过失犯罪成立必要条件的因果关系并未在司法解释中提及。如果司法解释规定的交通肇事罪成立条件并非在理论上另起炉灶,那么就必须回答三个问题:事故责任的法律属性是什么?事故责任应如何划分?事故责任与刑法上的因果关系是一种什么样的关系?从过失犯罪的基本原理审视事故责任,可以发现三个问题的答案:事故责任与注意义务在规范上是一种等价关系,事故责任的划分应以全责状态作为参照系,事故责任与因果关系的转化是由风险升高因素决定的。
In the judicial interpretation, the causal relationship as a necessary condition for the establishment of negligent crimes is not mentioned in the judicial interpretation. If the conditions for the establishment of traffic accident crime stipulated in the judicial interpretation are not theoretically reinvented, then we must answer three questions: What are the legal attributes of accident liability? How should the accident liability be divided? What is the causal relationship between accident liability and criminal law? Kind of relationship? From the basic principles of negligent crime to examine the responsibility of the accident, you can find the answer to three questions: accident liability and attention duty in the norm is an equivalent relationship, the division of responsibility should be based on full responsibility as a frame of reference, The transformation of accident liability and causality is determined by the risk factors.