The Objective Imputation Theory, Criminal Law

The modern objective imputation originated from Germany. Its center is solve the problem of negligent offence's illegitimacy. It is the fashion of study in Gennan academy of criminal law. However, in the mainland of China, the theory hasn't been concerned by our academy of criminal law. My master thesis is entitled "the objective imputation theory". This indicates that I want to try my best to introduce the theory.This thesis is divided into four parts. The first part is "an outline of the objective imputation theory". Firstly, I introduced the theory's connotation and task. The theory means that if a behaviour made danger which endangered the objects and wouldn't be allowed by law, and the danger realized the result of composing element, so the result caused by man's behaviour can be imputed; the theory's task is to explain whether a behaviour is the behaviour of composing element. Secondly, I discussed the theory's foundation which few scholar domestic and foreign has studied. I think the theory's philosophy foundation is Neo-Kantianism, value foundation is limiting criminal law, function foundation is human right guarantee, criminal law theories foundation is theory of purpose reason. At last, I reviewed the theory's history. It's history can be divided into three phases: beginning, gestating, coming into being, has undergone the course from Hegel, Larenz to Honig, Engisch ,Welzel then to Roxin.The second part is " the basic content of the objective imputation theory". The theory's content is that only when human being's behaviour made risk which wouldn't be allowed by law to the object, and the risk realized in the result, and the result consisted in the efficacy scope of composing element, the result caused by the behaviour can be considered as the human being's work and be imputed to the human being. The theory includes three judging rules: making risk which wouldn't be allowed by law, realizing the risk which wouldn't be allowed by law and the efficacy scope of composing element. Under the three judging rules, there are some contrary judging criterions. In this part, I primely introduced Roxin's basic content of the theory and explained Yakobs's characteristic content of the theory, showed the full views of the theory to the reader.