Research Of Zumutbarkeit

Zumutbarkeit is distinctive in the theory of criminal law in continental law system.it is not only holds a important position in criminal law theory,but also is wildly accepted and applied to practice.To serve as a core concept of the theory of norm responsibility,zumutbarkeit borned in the Leinefanger case in 1897.But think it from historical perspective,its appearance is not fortuitous,it have a profound foundation of philosophy,ethics and homology instead.Consequently,as a theory of rich in human nature,it has already exceeded competing of school,has gained whose position for public property.At the same time,argument to a few questions is never break up,which makes it more noticeable.The research of zumutbarkeit started later in our country,it is more being at an early stage of inquiry.But no doubt about it,value of zumubarkeit is applicable to our country.Introduction zumubarkeit is helpful to the Theory of the Criminal Law,Criminal Legislation and Criminal Justice.The full text is divided into three parts of foreword,text and the epilogue.In the foreword,this part expound the significance of the theory in resolving questions in juridical practice,via introduce a article in which the author resolved a case of a person is killed by a motobike.thus,elicit the subject of the study——zumutbarkeit.There are three chapters in the text.We talk about summarize of zummutbarkeit in the first chapter.This section start from the concept of zumutbarkeit,then introduce the ideological origin,development,present situation and theoretical foundation.In the second chapter,we should talk about the most importang argue of Zumutbarkeit.The status of Zumutbarkeit in system,the judge standard of Zumutbarkeit and applicable range of Zumutbarkeit are key issure of Zumutbarkeit,which having been argued for scholars.There is a discussion of the sense of Zumutbarkeit in the last chapter.Should we introduce Zumutbarkeit into our country?There are many viewpoints to this.I think we should recommend this theory to our country,it is useful to our Theory of the Criminal Law,Criminal Legislation and Criminal Justice.In the last part of this article,we prospect the foreground of Zumutbarkeit in china.