Research On The Theory Of The Objective Imputation

In the domain of causality, the study of our traditional criminal law was mainly focused on the necessary causality and the casual causality. But it is not helpful to analyse the causality and neglects that the causality should solve the imputation in the judicature. If the study on the causality could obtain the real advancement, it should avoid the controversy of the necessary causality and the casual causality and search for a new angle of view. The theory of the objective imputation will be a bran-new choice. The theory requires that the imputation of the objectively constitutive requirements must be based on the following principles joining one another: firstly, the actor creates the risk unallowed by the law to the object; secondly, the risk unallowed by the law is realized in the concrete consequence; finally, the consequence lies in the applicable scope of the constitutive requirements. If the objectively constitutive requirements accord with three conditions above, it will be fulfilled. Then, the act will be the act according with the objectively constitutive requirements and the consequence will be regarded as the"behavioral masterpiece"of the actor.Currently, the objective imputation is considered as the necessary factor of objectively constitutive requirements to evaluate the consequential offense. The structural relation between the causality and the objective imputation in the criminal system is based on the strict division of the"consequential causation"and the"consequential imputation". Based on the premise that the causation would exist and be independent of causal judgment, it estimates whether the consequence caused by the actor can be regarded as the"behavioral masterpiece"of the actor.With a view to the purpose of the causality, the theory of the objective imputation puts forward more concrete methods and more dependable standards. It has a practical value to construct the constitutive requirements of the negligent crimes, solve the"remote and endless"causality and be applied into the concretely potential damage criminals. Besides, it comes down in one continuous line with the criminal system of the intentional reason and the combination of the Handlungsunwert and the Erfolgsunwert. Meanwhile, its opinion that the criminal barycenter is shifted to the objective aspect of the constitutive requirements is seasoned with the proposition of criminal objectivism.