Objective Perspective Occasional Defense Of Qualitative Research

《objectivism chance of visual field defend research of determining the nature》takes the disputes of the accidental defence of continent law system as a breakthrough point, bases on the objectivism position and proves the accidental defended to be a crime and the crime is accomplished.Should be punished the accidental defence? Dose it form the crime? Is it accomplished or not? Based on objectivism position and subjectivism position in continental law system, have totally different understanding to this question. Objectivism theorists lie in the illegal based on behavior to law infringement or understanding of result of threat on benefit on the basis of foundation of person who break the law, think that form the crime or is the attempted crime is established at most accidentally. Subjectivism scholar that holding the illegal based on their understanding the defendant's personal dangerous and subjective malignant, incline to think that the accidental form the crime and it is accolnplished defends forming and establishes accomplishedly accidentally.The author adheres to the objectivism position on the theory position. The author think objectivism holding the illegal based on behavior and the result, can help function the criminal law ensure human rights and protect law of benefit,. And subjectivism holding the illegal based on the defendant's regard that the external behavior and hurt are the appearance of the defendant's interpret internal subjective psychology. So this can cause judicial personnel to be apt to consider the subjective evil wider than the subjective fault that demonstrating in the external behavior and in fact, the subjective psychology of people is extremely complicated. So it can cause judicial authority to arrogate it's powers to oneself excessive punishment in practice often according to behavioral subjective malignant judgement and this viloates the goal of running a country with modern social law.However, my consideration on accidental defence and present general objectivism theorist's viewpoint have suitable differences about the conclusion of the accidental defence question. The author thinks no matter hold the objectivism position or subjectivism position, though concrete standard judged to person who breaks the law...