Analysis And Reference Of Objective Punishment Condition

Objective punishment condition is a special theory of the criminal theory in civil law system.In Chinese criminal law practice,we don't admit it,while having wait-and-see attitude among theory circle.But we really have some difficulty in affirming subjective fault of certain crimes.None of the explaining points is more suitable than objective punishment condition theory.Therefore,we must treat it seriously and comprehend the theory all round.In fact, objective punishment condition can be found in criminal laws of German,Japan,Italia and TaiWan district of China.Though there is not a unified conception,the theory contains two features:the explicit conscious of condition is not necessary,but the condition influences punishment initiating.Objective punishment condition may lead to punishment restriction or expansion. As its expansion,it is similar to strict responsibility,and restricted to principle of responsibility.But strict responsibility is the content of principle of responsibility,while objective punishiment condition is independent of responsibility systerm. To function,its expansion scope is narrower than strict responsibility.We mention objective punishiment condition in our criminal law,because we should distinguish objective punishment condition from circumstance crim,amount offence and consequential offence. Circumstance crime is one kind of "offene tatbest nde" theory. It doesn't concern whether the actor is aware of circumstances. Circumstance crime is different from objective punishiment condition,because circumstance is the direct result of actions,while objective punishiment condition relies on insert elements. Amount in amount offence is just one element of objective aspects. The actor should have indistinct understanding of amount,but objective punishiment condition has no assessment about this. Consequential offence is also the objective aspect element,the understanding of result is very necessary.The punishment expansion pushes objective punishment condition to face the trial of principle of responsibility. Principle of responsibility is on the basis of retributivism,perpetuating to strive for justice.It is not allowed to sacrifice one's private interest for society interest. Principle of responsibility aslo achieves its utilitarian goal,that is, preventing crimes. In risk society, the needs of safe criminal law are more urgent,even to sacrifice private interest.Then punishment expansion of criminal law is becoming reasonable. That is to say, the criminal policy points out the direction, how the criminal law can carry out it in practice. As objective punishment conditon is leaning to the value of utilitarianism in risk society,it will become a necessary tool of advancing criminal policy.Then the inosculating tendency of objective punishment condition and principle of responsibilty appears.All explanations just serve for solving problems in our criminal law. Objective punishment condition theory can settle the disputes in subjective fault finding of some crimes,more important,provide a new visual angle of explaining certain crimes,such as crime of bankruptcy fraud,crime of huge unidentified property. Reference of objective punishment condition means pushing it into our crime constitution systerm. Through the crime constitution systerm comparison between the civil law and our law,we can see objective punishment conditon to some extent agrees with our crime constitution systerm.It is believed the drive of real-life requirement will make this theory not just stay in logical discussion.