The Research In Objective Behavior And Skopos Crime System

The theory of behavior is the core in the German's theoretical circle.It was meaningful to learn the behavior in ontological category.Besides,it's necessary to combine the theory of behavior and crime system,for the theory of behavior was the basis of crime system.As one of the most significative theory,Welzel's objective behavior theory concluded former theory and became an important referance for later scholars.Japan's criminal law scholar MU CUN GUI ER said:“People who want to write a general criminal law book,no matter a objectivist or subjectivist,if he doesn't talk about objective behavior,the book can't contain complete criminal law system.” The theory thought that the behavior was caused by human's objective and then done by human,which meant purpose was the key point in human's deliberate behavior.Then it made a behavior concept in combination of objective and subjective.Welzel broke a tradition where people fanatically persued reason,and he disagreed that behavior was just a subjective phenomenon.Nearly the same period New Classical System also see an objective factor.However,they considered it an special one and only exist in a few part of deliberate,which can't explain the attampt crime.