Application Of The Objective Imputation Theory Of Criminal Law In China

From the beginning of the seventy’s,"the objective imputation theory" appeared in Germany, and has been made great progress in the two aspects of theory research and practical application. From the beginning of the ninety’s, this theory has gradually by Chinese scholars to understand; although the relevant theoretical research has made significant progress, but in the judicial practice, the objective imputation theory has not been applied. The difficulty in where? The criminal law of China from the objective imputation theory problems mainly in, one is the theory is not the growth of China in the traditional "four elements" criminal theory system; two is the nature of this theory has been inconclusive, lead to the theory of positioning in the Chinese criminal law system; the three is the theory introduction how China application etc.. At the same time, because of the objective imputation theory and science are also very prominent, also let many scholars and difficult to give up on the "love". Inspection standard of the objective imputation theory more clear and specific, operable; objective imputation theory to make the evaluation results more reasonable; the objective imputation theory can effectively limit the discretion of the judge.In these outstanding contradiction and difficulty is that the problem to be solved. The objective imputation theory and condition analysis and causal relationship, we can see the objective imputation theory is a kind of pure elements theory, and the attribution and attribution are thoroughly separated. Because of the similarity of human behavior mode, meaning can be derived from different legal systems in the crime constitution is essentially the same. Based on this conclusion, this paper attempts to breach of similar as the objective imputation theory into the elements of the crime; objective aspect and the objective imputation theory instead of the "four elements" theory of crime as the core of the. First through the conditions that will conduct and results of attribution, obtained the positive result, the objective imputation theory instead of the traditional "four elements" theory of crime objective aspect of crime system; its divided levels focuses on the validation of the model instead of the traditional "four elements" theory of block authentication mode, can be effectively avoided. The traditional "four elements" theory to verify the incoherent mess. After the objective imputation theory test is completed, then the "four elements" theory in the remaining portion, namely:the subjective aspect of the crime subject, crime is verified. All done, is done "test four elements" of the crime theory, it can be decided whether to carry out acts of blame. At the end of a causal process deviation case attribution and attribution analysis, and in part in accordance with the assumption of liability in case analysis, test the feasibility and correctness of the conclusion of model assumptions.The objective imputation theory reference for the Chinese Chinese criminal law theory significance not only in a new scientific theory for Chinese judicial practice benefits, is more likely to promote the reform of Chinese criminal law system, the change characteristics of Chinese criminal law system closed hysteresis, and can give the "three class" theory and the "four elements" theory the model provides an opportunity to exchange.