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刑法因果关系具有事实与价值的双重属性,因而对其进行分层意义上事实判断与价值判断,是一种规范的研究路径。从根本上说,刑法因果关系的认定是一种价值判断,这是由刑法目的的规范性所决定的。对刑法因果关系进行价值判断不仅是契合社会伦理的需要,更是实现人权保障、防止冤假错案的有效途径。在价值判断方式上,客观归责理论对刑法因果关系的判断程度上更为规范、彻底,其方法论意义不是相当因果关系说所能涵盖的。
The causal relationship of criminal law has the double attributes of fact and value, so it is a normative research route to judge it in a stratified sense. Fundamentally speaking, the causal relationship between criminal law is a kind of value judgment, which is determined by the normative nature of the criminal law. Judging the value of the causal relationship of criminal law not only meets the needs of social ethics, but also is an effective way to realize the protection of human rights and prevent the miscarriage of justice. In the way of value judgments, the theory of objective imputation is more normative and thorough on the judgment of causation of criminal law, and its methodological significance is not covered by the quite causality theory.