Study On The Acceptance At Risk Through Explaining By The Objective Imputation

In recent years, the term "Acceptance at Risk" has begun to appear in the field of criminal law in China.However,though the item let someone feel strange,the appearance of “Accepteance at Risk” is not from the air,also not a new theory someone called.It is a problem that has been studied for a long time but has not been paid attention to by the theory of criminal law. There are different views of how to solve the problem of acceptance at risk in the field of criminal law in China,for instance,the theory of Subordination of Complicity,Victim commitment,Victim's Self-responsibility or the Viktimodogmatik theory.This lecture is based on the Objective Imputation theory system of Professor Roxin,through the clue of “Schaffung eines unerlaubten”,“die Verwirklichung des unerlaubten Risikos”and the scope of validity of constitutive elements to evalue the problem of the other theories. This paper will puts forward the theory of the equivalent theory and the theory of risk as the pivot point to solve the problem of Acceptance at Risk in the context of the Objective Imputation theory.First of all,the first part will introduce to the content of the Acceptance at Risk,and define that “Acceptance at Risk” is a problem but not a theory,and re-classify the existing classification of Acceptance at Risk.Secondly,through expansion of the second part to explain different ideas caused by the problem of Acceptance at Risk,and point out the disadvantages of the other theories.The third,by promoting the third part,this lecture will going to clanify the basic theory structure and characteristics of Objective Imputation,to point out the problem of Acceptance of Risk should be discussed in the Objective Imputation.Finally,through the fourth part,this lecture will determine the areas that the Objective Imputation theory applicated in China,then discuss whether or not guilty under different circumstances.This lecture argues that we should uphold the Objective Imputation to solve the problem of Acceptance at Risk.