The Exploration On The Objective Imputation Theory Reference

Development of the objective imputation theory has experienced a long time. Its ideas from Hegel's philosophy of law the imputation of thought.Although no propose objective imputation concept, but he stressed that behavior does not fully under control by subjective will.Behavior once carried out from man's will to externalize, it must be affected by the external objective things. Specific research Hegel's philosophy of law, we can see that there are many thoughts contain the essence contents of objective imputation. Start from Modern, batch of German scholar gave birth to the objective imputation theory, what really make it into vision of the criminal law. German scholar Roxin will be the objective imputation theory to peak. In the 1970s he made it systemization. At the time the objective imputation theory real attention among academics, and sparked a lively discussion. Now, it has already become fixed content in German criminal textbook.In detail the objective imputation theory later. How to properly use it? This must clear to explore it in crime constitutes system of positioning. Because in crime constitutes system in the Civil Law System for background Roxin created he objective imputation theory, It depends on their nature and function in crime constitutes system of positioning. The objective imputation theory of positioning exist great controversy. Through detailed analysis of judging principle, Combined with function and range of crime constitutes system which contains conformity, illegality and culpability. The author tries to clear understanding of its chaos, and sure its position. Clarify its position, make better service to crime constitutes system, It is to provide theoretical support accurate final and fair treatment.Positive causal relationship and fortuitous causal relationship direct reference from the Soviet Union. Since the founding, it has been general theory of causal relationship in our country criminal law. After the illustration and analysis to it, the author found it many insufficiencies, which has not solved practice some complicated problems. And these problems Roxin thought and analysis in three levels of judging principle of the objective imputation theory. Three levels of judging principle is commonly with exclusion of imputation by behavior causes the result, so exclusionary rule to accurately judge whether actor imputation is vital. Based on the three levels of exclusionary rule did meticulous research, the author use small case to illustrate, hope to complete show the objective imputation theory, reflect A advantage in theory and practice.Transplant problem of the objective imputation theory has been plagued by Chinese scholars, this is because our country is crime constitutes system of four elements, and conceived the objective imputation theory soil is crime constitutes system of three classes. Because of the thinking in unitary crime constitutes system, scholars for the solution what dose the objective imputation theory failure to embrace our country problem only transformation existing crime constitutes system. This method can bring more of the many problems, scholars are failing to its analyzed and solutions. Through to crime constitutes system is unitary system or multiple system problems explored, the author thinks that our country should be adopted multiple crime constitutes system. So that we can not only welcome crime constitutes system of three classes, and effective use the objective imputation theory to solve problems in the practice, but also create contend blooms academic atmosphere.