Study Of Subjective And Objective Unity Of Principle

The principle of the integration of subjectivity and objectivity came into the world together with our traditional criminal law theory system. At the same time it is a representative characteristic and theoretical foundation of the traditional criminal law system. Recently, the principle of the integration of subjectivity and objectivity receive a large quantity of subversive animadvert, which has two causes, one is the inherent deficiency, the other is misunderstanding from the commenters.Because of the fundamental status in our criminal law system, the research of the principle is related to the orientation of the development of our criminal law, and the research is emergent and necessary currently. The original intention of this thesis's writing is to open out the true meaning of the principle and to appraise it impersonally.The principle of the integration of subjectivity and objectivity is a kind of scientific criminal law standpoint independent of subjectivism and objectivism, is the result of the advancement of cognition about crime. What's more, the principle accords with the practical need in our country more than others. Based upon the above paragraph, the correct attitude is not to start all over again and replace the principle with the theory of continental legal system, but to improve our criminal law system under the premise of insisting on the principle of the integration of subjectivity and objectivity.In order to fully illustrate the conclusion mentioned above, this thesis is divided into six parts, the concrete content of each part are as follows:Introduction: This part is the summary about the meaning of the research of the principle of the integration of subjectivity and objectivity. This part introduces the current plight of the principle, that it has encountered a lot of misunderstanding andanimadvert. On account of the particular status------as a soul of our traditionalcriminal law system, the research of the principle of the integration of subjectivity and objectivity has been associated with the direction of our criminal law in the future.Part I : In this part, the paper expounds the emergence and development of the principle of the integration of subjectivity and objectivity. Through specific speculation, the penman points out that the origin of the principle of the integration of subjectivity and objectivity has inherent deficiency. Now, through three phases of development, the meaning of the principle of the integration of subjectivity and objectivity has turned into that subjective elements and objective elements are both the foundation of penal liability.Part II: In this part, penman classifies the negative viewpoints, then disproves tit for tat, and points out that our two penal codes both follows the principle of the integration of subjectivity and objectivity all the way.Part III: In this part, the article speculates the evolvement of basic criminal standpoint at large, then point out the principle of the integration of subjectivity and objectivity is different from other standpoint.Part IV: In this part, the article discusses the diversity among all the basic criminal standpoint on the impossibility of crime.Part V: In this part, the author affords four powerful arguments to attest that the principle of the integration of subjectivity and objectivity is a scientific standpoint.Epilogue: In the last part, the author reaffirms the conclusion mentioned above.