Study On The Principle Of Attribution For Combating Errors

A precise definition of the scope of the attack error is the basis for the attribution of responsibility to the perpetrator in that case.After clarifying the definition and characteristics of the strike error,the existing strike error classification is challenged,and a new classification is established based on the criterion of whether the is exclusive or not.Under special circumstances,it is difficult to distinguish between strike error and object error,which is controversial in criminal law theory.Only by taking the crime as the starting point of judgment and combining the essential characteristics of strike error and object error can we distinguish the two kinds of errors accurately.There is no doubt that the key and difficult point of the theory of combating error is which imputation principle is more appropriate.When Before,the legal conformity with the opposite position and the concrete conformity are strong.In addition,the theory of crime planning,the theory of intentional danger,the theory of substantive equivalence and the theory of intentional imputation can not be ignored,because they represent two trends in the development of the theory of imputation against error,one is to combine the legal and concrete conformity theory with the conclusion,the other is from intentional imputation to intentional imputation.However,none of these doctrines is the best choice,and the proper choice is to distinguish——legal interests.