The Application Research Of Objective Imputation Theory In The Liability Of Negligence Crime

Having become an influential theory in Germany,the objective imputation theory derives from the causality theory,and it is widely used especially in the study of negligent crime.Current Chinese criminal law divides negligence into negligent negligence and overconfident negligence.This theory of negligent crime is similar to the old theory of negligence in the traditional theory of negligent crime,focuses on the duty of foreseeing results and the possibility of foreseeing.The understanding of negligent crime still lays stress on the subjective psychological level,and there is no systematic and typed specific judgment rules,which can easily lead to confusion in the identification of negligent crime in judicial practice.Therefore,it is urgent to develop a new theory of negligent crime in a more normative,substantive,typological and elaborate direction.The objective imputation theory follows from factual judgment to normative judgment and reconstructs the wrongful act of negligence.On this basis,it clarifies that the benchmark act of negligence is a dangerous act which is not permitted by law.What's more,it limits the liability scope of negligent crime by regulating the purpose of normative protection,uses the obligatory substitution behavior to test whether the result has realized the danger which is not allowed by the law,and finally examines the overall behavior by whether it belongs to the scope of the constituent elements validity so as to deal with the difficult negligence cases in practice more normatively.At present,our criminal law should draw lessons from objective imputation theory to solve the imputation problem of negligent offense better.Combining with relevant literature,the introduction of this paper briefly reviews the research status of objective imputation theory.The first part mainly introduces the development of the traditional negligent crime theory,focusing on the development and evolution of negligent crime theory in German and Japanese criminal law and in Chinese criminal law.The second part focuses on the reconstruction of the objective imputation theory to the wrongful negligence,including the discussion of the core concepts,elements and basic rules of the objective imputation theory,as well as the systematic induction of the reconstruction path of the objective imputation of negligent crimes.The third part elaborates the necessity of introducing the theory of objective imputation into the field of negligent crime from two aspects.The shortcomings of the traditional theory of negligent crime and the problems faced by the current research on negligent crime in China at the theoretical level,as well as the confusion of the identification of negligent crime in judicial practice at the practical level,urgently need the normative and typological guidance from the objective imputation theory.The fourth part focuses on the application of objective imputation theory in judicial practice of negligent crime in China,and it discusses around the basic rules such as creating the danger that is not allowed by law,realizing the risks that are not allowed by law,the obligatory substitution behavior and the normative protection purpose.Combining with relevant cases,the fourth part also makes a thorough analysis of the problems in judicial practice,and it puts forward some operable suggestions in the specific application in the future.