Research On The Functional Orientation Of Modern Objective Imputation Theory

Modern Objective Imputation Theory is the refined product of the criminal theorysystem in German criminal law theory, and it has caused a wide and heated influenceon China’s criminal scholars. Of course there are some criticism and questions aboutthis theory, mainly including the excessive expansion of modern objectiveimputation’s function. Modern Objective Imputation Theory was found according tothe solution of “in conditioning theory causality’s regresses ad infinitum”. Becausethe theory’s doctrine of liability fixation can be applied to conducting, subjectivefaults and illegality, individuals are confused about the noumenon of functionorientation of this theory. While the function orientation of this theory is not as vagueas what the critics think. This is largely because the critics don’t understand the theoryin Hierarchy theory, and this is the reason for the misunderstanding. Of course it isundeniable that Modern Objective Imputation Theory also has its shortcomings, suchas the unreasonable judgment system and the massed detailed rules.It requires deep theoretical support to understand the function of Modern ObjectiveImputation Theory. This dissertation observes the history of this theory and modernknowledge background, hoping to provide strong theoretical support for this theory.The academic debate in the function of Modern Objective Imputation Theorydemonstrates that the cognitive style with purposes cannot help people to find thefunction of the theory. In that case this dissertation will be based on the cognitive stylewith directions and find the function by clearing up the equivalent theory.The appropriate functional orientation of Modern Objective Imputation Theory is“Material Constitutive Requirements Theory”. It is the objective connection betweenindividuals, actions and consequences in the sense of criminal law, which not onlyproves the constitutive requirements, but also concludes the establishment of theillegality. Therefore objective imputation is the bridge between the conformity and theillegality of the constitutive requirement, and it proves the theoretical system ofobjective illegality. Also, it provides objective foundations for the judgment ofliability.Having settled the issue of the function of Modern Objective Imputation Theorydoesn’t mean its defects are eliminated. Instead, the further repair for the objectiveimputation system is required. As the argument system of objective illegality, Modern Objective Imputation Theory should not be loading things with fancy rules. To realizethe function of this theory, aiming at the defects, we should reconstitute the judgmentsystem of the objective imputation. Objective Imputation Theory attaches importanceto the interconnection of imputation elements, which has been through the variousstages. In that way, the judgment system of the objective imputation is a dynamicprocess. Categorizing the objective imputation into four levels demonstrates itsfunction of gradually narrowed, and it is also a combination of will imputation andstandard imputation. The objective is not just a mix of simple rules, instead, it hasfinished the judgmental process from empirical evaluation to moral evaluation andfinally to standardized evaluation.