Research On The Localization Of Objective Punishment Condition

The existence of objective punishment conditions in our country has always been controversial.On the one hand,some provisions in criminal legislation cannot be explained by the Chinese present theory,leading to confusion in judicial practice,and the objective punishment condition theory in Germany and Japan provides a new perspective to solve these problems;On the other hand,the existence of the criminal constitution system and the unification of subjectivity and objectivity that with Chinese characteristics makes it difficult for objective punishment conditions to have a place in our criminal law.However,we must admit that the superiority of the objective punishment conditions in handling these issues is unmatched by other theories.In order to justify the existence of objective punishment conditions in our country,scholars in our country have tried various explanations,Powerful views are still missing.This paper mainly analyzes the basic situation of the objective punishment conditions,the legal nature,the necessity and feasibility of its localization,the relationship with the criminal constitution system and the conflict with unification of subjectivity and objectivity,and the relevant theories of the countries outside the region and the region,and thus gives the concrete idea of the localization of the objective punishment conditions,and the relevant theory of foreign countries and regions is combed and thus the specific assumption of the localization of the objective punishment conditions is obtained.The first part introduces the concept,characteristics,origins of legislation and evolution of doctrine of objective punishment conditions in detail,and combs the main theoretical controversies about the objective punishment conditions of Chinese and foreign countries?regions,laying the foundation for the following.The second part firstly points out the predicament of the judicial application of some provisions of the criminal law of China,and puts forward the suggestion of the localization of objective penalty conditions.Secondly,we introduce the attempts made by Chinese scholars to introduce the objective punishment conditions into China,and points out that all kinds of attempts are more or less unreasonable.Finally,points out that the problem with the criminal constitution system and unification of subjectivity and objectivity which is one of the cornerstones of criminal law is the key point to be solved in the localization of objective punishment conditions.The third part reviews and comments on the methods by which foreign scholars deal with the said issue,looking for reference and enlightenment to the localization of objective punishment conditions.In the fourth part,under the analysis of the above argument,the real objective punishment conditions which in the category of penal theory and an unreal objective punishment conditions which can be reduced to the objective aspect of crime constitution are clearly exist in our country.And then using the localization objective punishment condition theory to explain previously mentioned the legislation and judicial dilemma,identifying the objective punishment condition in the specific provisions of criminal law in our country.