The Reference And Apply Of Objective Imputation Theory

The important problem of theory of criminal law is that how to impute consequences to behaviors, and then how to impute behaviors to individuals after the harmful consequence. In criminal law field at home, the application of causation theory is chaotic. The arguments not only exist among the conditioning theory, the doctrine of reason and the well-matched causation theory of the civil criminal law system, but also exist between the positive causal relationship and the incidental causal relationship of criminal law in Soviet Russia. Since the works of Roxin, the founder of the theory of objective imputation, have been translated and published, the theory of objective imputation attracts attention gradually.The thesis researches the formation and development of the theory of objective imputation, and summarizes and reviews the criticisms of the theory of objective imputation in China. This thesis has an idea that introducing the theory of objective imputation to China and applying it specifically not only contribute to improving the identification standards of negligence crime, checking the thoughts of subjectivism and making up for the deficiency of the causation theory in China, but also contribute to protecting human rights by criminal law, which is of profound significance for the justice practice in China.The thesis studies the projects of localization of the theory of objective imputation. It proposes that adsorbing the content of “the dangerous requirements of inadmissibility of creation” from the act of perpetrating, and adsorbing the content of “the realization of consequence in the constitutive requirements” from the harmful consequence, and then establishing the judgment pattern of causation that combines attribution and imputation. In the meantime, the thesis also discusses the specific application of the theory of objective imputation in the justice practice.