The Sinicization Of The Objective Punishment Condition

The crime of the mainland legal system is established usually by the behavior that consistent with conformity, illegality and responsibility, but the existence of a special case, the behavior of meeting the three criminal elements still needs to be judged that it may conform the objective punishment condition. The objective punishment condition has been a controversial concept since its birth. The arguments gathered on it can be compared with any other concepts, they main are about its essence, function and systematic position. The dispute of the systematic position appears three continental concepts. Especially after World War Ⅱ, with the criminal policy transforms, its function has also been transformed from the function to limit penalty to the function to expand penalty.The transformation of the function cause the tension between the objective punishment condition and the responsibility principle. To this question, scholars continuously put forward solutions, and one of the most remarkable is the way to deal with the exceptions of the principle, facing the inevitable clash between the two and making the two live together peacefully, carry out their duties. And the principle of responsibility is not the presumptuous dogma. The objective punishment condition can meet the need to country and the criminal policy of the risk society, so it becomes the exception phenomenon of liability principle and legitimate existence.There are a large number of the phenomena of the objective punishment condition in our country. We still has a lot of difficulties on dealing with this legal phenomena, as a result, the sinicization of the objective punishment condition is very indispensable.In addition to, the objective punishment condition is the systematic and refined production of the criminal law, not the exclusive of the mainland legal system. It also ought to be common to our legal system and proves our criminal law gradually will become more and more systematic, refined. Consequently, the sinicization of the objective punishment condition is imperative.