On The Road About Objective Imputation Theory Into China From Interventions

Causation theory always plays a pivotal role in the criminal justicesystem, and it is also the focus and difficulty in long-term study ofcriminal law. There are still many controversies in some problems ofCausation theory. It has profound theoretical and practical significanceto study on Causations involved in Interventions. Causation theory hasgone through a lot of theories from generation. What play a significantimpact are Condition theory, Doctrine of causes, the equivalent theory andso on. However, the above-mentioned theories have deficiencies in solvingproblems of causality extension and objectivity. These deficiencies aremore obvious involved in Interventions. Objective Culpability developsto solve the above problems. I hope to comment on each theory above whencombine causations involved in Interventions, and then seek a practicalway for the objective imputation theory approach to China.The thesis is divided into four parts:The first chapter describes the achievement and development of thetheory of causation from both foreign and domestic angles includingproduction, development, effects and disadvantages, etc. This chapterwill be written as time for clues. Abroad, Condition theory, Doctrine ofcauses, the equivalent theory will be introduced; At home, positive causalrelationship and fortuitous causal relationship will be introduced. Inthe end, the equivalent theory will be mentioned again. Chapter Two is treat of the Interventions. This chapter is dividedinto two parts, the first part is an overview of the judging criteria ofInterventions. The second part describes the specific circumstances ofeach intervention factors, including: the factors involved in naturalevents or force majeure, the factors of the victim, the factors of actor,the factors of the third party as well as the factors of special physicalvictims. Examples will be described in each factor.The third chapter discusses the special physical circumstances ofvictim as the starting point. Using Condition theory, Doctrine of causesand the equivalent theory to explain the attribution and blame in thespecial physical situations of victims. Point out the differences andconfusion encountered in the three causation theories in explaining thefactors involved Interventions. Therefore, a rational theory to solvethese problems is an urgent need, and thus leads to the objectiveimputation theory.The fourth chapter discusses the objective imputation theory to solvethe problems of confirmation of responsibility involved intervening. Thechapter is divided into four parts, in turn discussing the history ofobjective imputation theory, the basic contents of objective imputationtheory, the rationality of objective imputation theory to solve theproblems of blame involved intervening, the road of objective imputationtheory into China. The core of this chapter is to criticize and discussthe objective imputation theory originating from German criminal law, andfind a suitable location for it in the criminal justice system in China.In the discussion process, the methods of jurisprudential, historicalresearch, comparative jurisprudence and case analysis will be used in thediscussion process. Research production is formed below eventually:It is generally accepted that causality is an objective factor.Therefore, criteria of causality should also be objective. The criteria of the doctrine of causes and the equivalent theory-the importance andcorrespondence-are subjective rather than objective value judgments.Therefore their own objectivity is questioned. The paper claims toseparate the judgments of objective facts and subjective value. Advocatethe use of Condition theory in terms of the fact judgment, which is anobjective evaluation; using objective imputation in terms of valuejudgment, which is the value evaluation. It solves problem of unknownlocation of the equivalent theory. There are many flaws of theconstitution of a crime in China. It will provide new ideas to improveour criminal system to introduce the objective imputation theory intoChina while retaining the existing four basic elements of the system afteraffirming the reasonableness of the objective imputation theory.