To Promote The Objective Imputation Theory

Judge whether a behavior in the sense of crime, criminal law needs to becriminal constitutive requirements of retrieval. The retrieval process is also in theprocess of imputation, first objective imputation, then subjective imputation. This isthe principle of a legally prescribed punishment for a specified at the head of thebranch profit violation and responsibility, in the process of the imputation, objectiveimputation is the core of the pilot’s judgment. Objective imputation is a causalrelationship after judgment, is evaluated, is under the perspective of theory ofspecification for the regularity of finishing, not a descriptive factual narrative.The development of the objective imputation theory is a clear theory historycontext, first the imputation in philosophical sense, and then the imputation theory inthe field of law. Professor he is a master of this theory in his famous in the world ofpunishment law textbook first volume will complete this theory is discussed. In thearguments for and against, the theoretical circle to clarify the objective imputationtheory gradually, now, this theory has a large number of application in judicialpractice, the influence is far beyond the German criminal law circle, in Japan and inthe theoretical circle in our country also got a lot of discussion.Objective imputation theory has its fine structure and philosophicaljurisprudence, the basis of the theory of the evolution of a clear, objective imputationtheory is the basic idea to blamed a result on the offender, must have the followingconditions, behavior created by law does not allow the risk of the realization of thereality and the constitutive requirements of risk within the scope of protection. Itsinternal fine judge rules for causation judgment provides a good tool, pointed out thedirection to the research of causality theory in our country. Objective imputationtheory is the objective side of the cognizance of criminal behavior of lay particularstress on, but is not much touched the objective form and subjective forming basicsequence and relationship orientation.Objective imputation theory in our country in the four elements of the crime constitution system is unable to locate and application, it is in the context of threeclasses. Objective imputation theory is of highly theoretical persuasion andexpansion drive, not only can solve the blame has penetrated into every field of thetheory of crime, the theory of different context and can not stop the concrete methodof objective imputation theory in Chinese criminal law theory and practice.So, the theory advocated a requirement on system transformation is crime aswell as the transformation of the resources and the power, can be drawn lessons fromone of the most important change is the crime constitution from the coupling typeinto a class type, each part is not a deposit all, went all out, but judging step by step,without judging the latter without the former, the objective imputation theoryemphasized the objective behavior, to our country punishment law subjectivismtendency has certain brake, of ACTS of negligence explain how a new perspective.Transformation of criminal theory system is the starting point of our countrypunishment law to standardize and rebirth, is our country punishment law knowledgegrowth a fulcrum.