A Study On The Theory Of The Objective Imputation

Causality is caused to the relationship between being caused by something, but iscaused by the criminal law of causality in the relationship between the harm wascaused by the behavior and harmful consequences. Causality problem can bedescribed as a constant in the General Penal ancient and ever new topic, the debate onits long-standing criteria, conditions that says quite a causal relationship,double-seated reasons that each objective imputation theory theory point of viewscene. Given China’s traditional doctrine of causation raised the status quo can notidentify specific causation standard, it is necessary to clarify the relationship betweenthe various theories of causality, compare their advantages and disadvantages, toexplore more in line with the theory of causation of crime constitutes a system of fourelements. Based on the study of the theory of objective imputation Roxin comparetheory and other theories of causation by objective imputation, imputation byobjective necessity and feasibility analysis of China, our attempt to provide a causalrelationship between the criminal law specifically identified feasible that standard.In addition to the introduction and conclusion, this article is divided into thefollowing four parts:Part one Overview of objective imputation theory. This section discusses theevolution of objective imputation theory, Roxin objective imputation theory, thetheory of objective imputation theory locate three issues. Objective imputation theoryof evolution section attempts to complete the development of objective imputationcombing research Roxin objective imputation theory attempts to explore the theory ofobjective imputation of the crime on the system to survive,"soil" theory of objectiveimputation part of an attempt to clarify the positioning theory of objective imputationtheory of crime constitution theory position specification causality.Part two: The objective theory of liability and causation. The author in this sectionby distinguishing between attribution and attribution of causality and behaviorunworthy and worthless dispute the results of the objective imputation under two aspects discussed causation in criminal law theory which constitutes a crime shallbear the responsibility, discussed Penal causal relationship must have objectivity andsubjectivity. On the basis of objectivity and subjectivity of the Criminal Code toclarify the causal relationship should have on, and through more objective imputationtheory and the theory of causation is quite consistent with this characteristic, obtainedconsiderable advantages and disadvantages of objective imputation theory andcausality.Part three: Evaluation of objective imputation theory. The author objectiveimputation theory faced criticism start quest for objective criticism is appropriatelyimputation theory, in the end objective imputation theory is worthless, or fundamental,or will perfect.Part four: Preliminary objective imputation theory in China. Based on the resultsof the first three parts are relatively objective imputation theory of causationoutstanding criminal law theory, the author of the fourth part of the necessity andfeasibility of objective imputation theories with Chinese characteristics is analyzedand presented objectively imputation theories with Chinese characteristics specificprograms.