The System Position Of The Objective Imputation Theory

In the 70's of 19 century, Roxin put forward the the whole complete imputation judgment system. Th objective imputation theory is discussed most warmly and high frequently not only in Germany of recent 20 years, also in Europe, Japan, Central and South America.The objective imputation theory in the German criminalistics propose that, only when the behavior has made the forbidden risk, and when the risk carried out the concrete result which be exist in effect scope of the constitution of crime, the result can belong to the person objectively. The objective imputation theory is one that based on the legal condition relation, and uses various judgment rules to limit the imputation relationship according to the legal norm standpoint.The objective imputation theory in last two decades of the last century was most heated discussed by Germany and Spain criminal law scholars and now still is in the ascendant. In Asia, the scholars of Japan pay close attention to the theory and the research has achieved considerable level. Our scholars follow the trend to research the theory on the concept, nature, and the positioning of the analysis there,but is much debate. For a set of brand-new theory, how to implement the system of nature, how to think this delimit theory in our reference problem, is the difficult problems to us. This paper embarking on objective imputation theory foundation and connotation, with emphasis on the objective imputation theory system positioning and reference analysis in China mainland area, in order to launch an objective imputation theory based on the basic connotation, promote more of this theory research.This paper is divided into three parts.The first part is the connotation of the objective imputation theory. This section mainly aiming at the theory basis and methodology of the objective imputation theory to describe.And analysis the basic content which is that make the not-allowed risks, realize the not-allowed risks and the scope of the constitution of crime,in order to concern the nature of definition and system division lay the foundation.The second part is the position of the objective imputation theory system. Aiming at the conflict between the objective imputation theory and the causality, this text suggest that the objective imputation theory isn't the theory of no-causality, and the condition theories in the theory is just a pure and natural cause and effect relation condition formula of the physical law. In the meantime, we think the comparative theory isn't a causality theory, but a kind of imputation theories, therefore the comparative theory is a kind of complement of the condition theory. It just as the important theory, has already become a kind of main structure factor of the general imputation theories.The third part is the objective imputation theory lessons and positioning. The purpose that studies the objective ownership theories is for the usage of our country's causality theory. Depending on the evaluation of the merit and shortcoming of each theory, we suggest that the normal causality theory with the fact reason and the law reason distinction theory are more suitable. The fact reason and the law reason distinction theory can provide the thinking level of the criminal causality, and the normal causality theory basing on this foundation, further definite how to judge the relation between the behavior and the result, so it provide a clear logic step. If combine the two theories, it will make the causality of our country get away from the faint and abstract situation, and will be advantageous to the judicatory fulfillment to resolve the causality problems.