刑法因果关系问题一直是刑法学上的热门问题，也是理论迭出、争论不断且难以达成统一的问题，而在我国此问题更是在理论中与实务中都十分混乱的重灾区，亟需构建起一套相对准确且被大多数人均认可的新刑法因果关系理论体系。大陆法系的条件说、原因说、相当因果关系说及如今通行于德国的客观归责理论，完成了从归因到归责的转变，而英美法系的双层次说区分了事实因果关系与法律因果关系，二者看似不同实则殊途同归，均对归因与归责进行了明确的区分，而我国的刑法因果关系理论发展明显滞后，仍然纠缠于必然说和偶然说的争论。值得注意的是，必然说和偶然说并不是一无是处，部分内容不乏可取之处，但是用哲学化的视角去探讨法律问题本身就是不正确的，刑法研究需要朝向更加专业化、规范化的方向发展。在对我国传统刑法因果关系理论所出现的各种相关学说进行仔细梳理之后，笔者试着构建起适合我国学说发展和司法实务的新刑法因果关系理论。新刑法因果关系理论认为对于不同的案件应该运用不同的因果关系解决方案：对于简单案件，借鉴必然说和合法则的条件说；对于重叠问题，借鉴大陆法系的因果关系中断说的相关理论；而对于特殊的过失犯罪来说，应在结构上继承英美法系的双层次说，在理论的选择上第一层次运用条件说即可，第二层次则运用有所修正的客观归责理论，从而建构起符合中国发展的理论学说。

The issue of the causality of criminal law is always a hot topic in the criminal law field, which also has sprung up many different theories relevant to it from the time when it was researched by criminal law scholars. In China, this issue is widely discussed both in academic and practical area, but an agreement on it is difficult to reach. As a result, a new theory of causality of criminal law that unifies most scholars’ and judges’ opinions is needed. Theories on this topic in the civil law system are prosperous, such as the condition theory, the theory of proper causation, the theory of reason causation and objective imputation. The theoretical development in civil law system obviously reflects the transition from attribution to imputation. On the other hand, the common law system put forward the dual contingency theory on this topic, which consists of factual causality as the first level causality and legal causality as the second level causality. The opinions of civil law system and common law system on this issue seem different at first sight, but they tread different paths that lead to the same destination in fact after careful comparison, for that they both distinguish imputation from attribution, which is crucial in the research of this issue. On the contrary, research on this topic in China still focuses on the debate between the inevitable causal relationship theory and the fortuitous causal relationship theory which come from the former Soviet Union’s criminal law scholars, which makes theory of the causality of criminal law in China basically lags behind that of other countries. Of course, the theory of inevitable or fortuitous causal relationship is not good for nothing, and there are some advantages we can take of it. The most obvious defect of this theory is that it uses strategy of philosophizing to research the issue of criminal law. In fact, we should insist on legal research methods to study this topic. Without that, China’s criminal law system could not achieve significant progress.Through a careful summarizing of all the different theories on this topic in China, the author tries to build a new theory of the causality of criminal law to offer a relatively good solution to both the academic and practical circle. To be specific, we must classify all the criminal cases and figure out what kind of cases a criminal trial belongs to, and then we can use relevant rules to judge.Firstly, if a criminal trial belongs to simple cases and the causal relationship of it is easy to find, we can use the inevitable causal relationship theory or laws in accord with discipline;Secondly, if a criminal trial is complicated, that means there are two or more criminal acts or other factors in it, we can use the theory of discontinuation of caution derived from the civil law system. The judging rules of intervening factor are needed;At last, for that it is difficult to distinguish the causality of criminal law of special negligent crimes, the dual contingency theory of the common law system is worth learning, but what specific judging rule each level should use is different from the former scholars’ opinions. As for the first level causal relationship, the condition theory is enough; as for the second level causal relationship, a modified objective imputation theory is proper. The objective imputation theory is widely accepted in modern Germany’s judiciary, because it plays an important role in solving the problem of judging the causal relationship in negligent crimes. Although the objective imputation theory is not perfect, Chinese scholars should learn from it and modify it into a suitable method to Chinese criminal law system.