Research Of Zumutbarkeit

Zumutbarkeit produced in early 20 centuries. From then on, zumutbarkeit became more consummated and infective. In continental law system, especially in germany,japan and taiwan, Zumutbarkeit always is one of important part in criminally theory and judicial practice. In our country, research of zumutbarkeit is just beginning. So, we need more study for it in theoretical way and practical way. In this occasion, this article should analyze the zumutbarkeit in three points of view, how to modify the theory of zumutbarkeit in our country, how the zumutbarkeit direct criminal legislation and justice practice.The full text is divided into three parts of foreword, text and the epilogue, the article is about 50,000 words.In the foreword, we should research the conception of, by an example of Wang Bing Yu's case. The zumutbarkeit, means based on the occasion, people could be expected do something legal instead of do something illegal. If people's behavior could not be expect to avoid the criminal offence, even people's behavior could be aware as illegal, judge should not condemn this behavior as intentional criminal fact.There are 3 chapters in the text.We should talk about summarize of zumutbarkeit In the first chapter. Zumutbarkeit borned in the Leinefanger case in 1897, it is one of core conception of theory of norm responsibility. Zumutbarkeit is really energic, because it base on relative freedom of the will,humanitarianism of criminal law, limitation of criminal law and The purpose of the criminal law. In the second chapter, we should introduce the most important argue of Zumutbarkeit. The status of Zumutbarkeit system, the judge standard of Zumutbarkeit and applicable range of Zumutbarkeit are key issue of Zumutbarkeit.The scholars of continental law system aver the argue of Zumutbarkeit belong toculpability. Independent element theory, the element of voluntary or negligence theory and the reason of...