The Influence Of Objective Imputation Theory To Causality In Criminal Law

Causality in philosophy refers to the relationship that two things of the objective world are linked with each other generally, one caused by another. The causality theory of criminal law refers t o the relationship between the behavior and the harm caused by the behavior. To determine whether there is a causal relationship in criminal law theory or not is an important and complex issue and it is an enormous problem. In criminal law, the criteria of causality have been a considerable controversy; the conditions, objective imputation theory and other data word have different ideas. Conditions expand the range of causality attributable, and the problem of intervention factors can not be solved. And quite causation fuzzy rules, a low degree of standardization and can not be repeatedly tested, there is no error correction mechanism. In China, criminal theories insist on the inevitable and accidental causation said. There are many problems, it is necessary to find an effective solution to research or to achieve the rationalization of causality judgment.The appearance of objective imputation theory points out a new path of development for causality theory in criminal law. Professor Roxin makes a more complete exposition of objective imputation theory about his basic content, methodology, etc. He establish a three classes of content system that law does not allow the risk of manufacturing, to achieve law does not allow the risk and results within the range of the constituent elements. In addition, it also provides a series of exclusions about the pros and cons in terms of liability are limited to ensure the clarity of norms while avoiding too broad.Analyzing the causality of criminal law different from judging causality in philosophy, causality of philosophy is the relationship that one things cause another thing, but in the criminal law, causality is in exploratory behavior that could be attributable the specific range. Thus, the causality in criminal law is objective and equivalence. It is the basic theory of objective imputation.Based on the introduce of the theory of objective imputation’s Three-level content system, analyze the old flaws explain causality problems and difficulties of causality, I am trying to study the influence of introduction of imputation theory for causality in criminal law,through objective research efforts causation problem solving to find a way to provide a causal relationship between specific and feasible that standard, which not only limits the conditions of said endless, and for quite causality provides complete specific criteria. We hope the essence of the objective imputation theory extends to the causal relationship among theory and practice of criminal law applied to solve the long plagued the judicial practice of causality judgment difficult problem. For the objective imputation theory, we should be rational look, from China’s specific national conditions, and we need an appropriate reference.