结果避免可能性理论是通过合义务替代行为的思考方式,检验违反注意义务的行为与法益损害之间的特别规范关联。这与过失犯规范要素的基准行为化、评价重心的客观归责化是直接相关的。结果避免可能性所检验的特别规范关联与注意规范的保护目的、构成要件的保护目的并不相同,后者划定了规范发挥效力的范围,前者则意在确认该规范在此范围内的个案实效性。结果避免可能性与假定因果关系都运用了假设性思维,但在具体思维类型、替代因子的选择、判断的目的及方法上存在明显差异,不应混淆。结果避免可能性的检验是规范实效而非事实判断的问题,属于风险实现而非创设风险的阶段。在合义务替代行为依然可能产生法益侵害后果的场合,若能判定履行义务行为显著降低了结果发生的概率,即可进行不法归属。 Results Avoidance Possibilities Theory examines the special norms associated with behaviors that violate the duty of care and harm to the benefit of law through the way of thinking of substituting behavior for obligation. This is directly related to the standardization of the normative elements of negligence crimes and the objectively blaming of the evaluation center of gravity. Results Avoidance Possibilities The SPNs tested differ from the SPPs in terms of both the purpose of protection and the elements of protection, the latter delineating the extent to which the norm has utility and the former is intended to identify cases of norm within this norm Effectiveness. As a result, both the avoidance possibility and the assumed causal relationship use a hypothetical thinking. However, there should be no obvious confusion about the specific types of thinking, the choice of alternative factors, the purpose and method of judgment, and should not be confused. As a result, the test of avoiding the possibility is a matter of standardizing effectiveness rather than factual judgment and belongs to the stage of realizing the risk rather than creating the risk. Where the obligation of substitute obligation still may have the consequence of legal benefit infringement, if it can be determined that the performance of obligatory obligation significantly reduces the probability of the result occurring, the illegal affiliation can be carried out.