The mode of determination of causation from factual to normative and from objective to subjective in the hierarchical determination framework of"attribution-imputation"is the consensus of the legal circle,but whether the determination of factual causation is just a simple application of conditions and formula is worth studying.The doctrine of risk materialization reduces the pressure on normative determination in cases involving victim's special constitution or cases with intervening factors by taking method of comparison of causal forces of facts,bases normative determination of risk materialization on the determination of factual causation,resumes the importance of factual causation to certain extent.No matter from the natural science,social science or daily life experience,factual causation is not such relations based on equivalent conditions as determined by the formality-styled"but for"test.Factual causation has two functions of determination and cognition of legal causation.The factual causation at the stage of risk creation mainly provides the function of cognition of causation in psychological cases and omission cases.The factual causation at the stage of risk materialization may provides the function of determination based on the comparison of causal forces of facts for cases with victim's special constitution and cases with intervening factors;in cases where there is scientific uncertainty about causation,it is necessary to determine how a risk is specifically materialized through the law-consistent factual causation in the epidemiology or other disciplines.Not all cases need the factual causation to play its role of imputation as an auxiliary,and there is no need to pay special attention to factual causation in non-complex cases;in some complex cases,the complexity only exists in normative determination,and in these cases the factual causation can be verified only by the but-for test.
Factual CausationBut-for Testthe Doctrine of Causally Relevant ConditionsAdequate CausationObjective Imputation
万方数据
维普
