The Imputation Theory Of PAUL H.ROBINSON

Imputation theory as a ancient and commonly used theory is always concerned by scholars.Imputation Not only exist in continental law system criminal jurisprudence,but also in Anglo-American criminal jurisprudence and it derive various imputation theory.Chinese traditional four elements criminal constitution theory need every element is satisfied and doesn’t have a unified imputation,actually that is a kind of static description,for this reason this theory lacks of dynamic description for substantial detriment of conduct,therefore,under Chinese traditional four elements criminal constitution theory,criminal constitution theory almost equals to liability theory.Adding some imputation theory into criminal constitution theory which can improve the dynamic description of criminal constitution and also can add some contents to liability theory,kill two birds with one stone.At present,most of our country’s studies of Criminal law focus on objective imputation and ignore imputation theory from Anglo-American criminal jurisprudence.The criminal imputation theory from Anglo-American criminal jurisprudence is derived from continental law system criminal jurisprudence,however it had developed its own imputation theory with natural distinction,especially the “principles of imputation” of Professor Paul H.Robinson.This study included forty thousands characters which is divided into three sections without introduction and epilogue.The first section is a abstract of the whole study,it include origin of the study。Meaning,overview of the study,The definition of core concept and so on which are used to be a preparation for the study below.The second section,it is a introduction about the development and the concept about Paul H.Robinson’s imputation theory.This theory changed from imputed liability to principles of imputation.At the first,it is clear that the imputed liability derived from the general liability,which can inculpate an offence dissatisfied all elements that the general liability needs,and various cases of imputed liability can be concluded into a conceptual group.Secondly,analyzing its detailed content to describe a frame of the theory that base imputing objective elements and culpability elements as two main principles including objective imputation and subjective imputation.Finally,analyzing detailed imputation of principles and their inferior imputed rules.The third section,mainly introducing the two basically essential theory to build the frame of principles of imputation,the analysis of offense element theory and criminal law functional analysis theory.the analysis of offense element theory originate from Model Panel Law section 1.02(1),which abandon the Actus Reus-Mens Rea criminal constitution in Anglo-american law system,in turn to use diving the crime definition into the three objective elements and every element can match four degrees culpability to analyse the criminal constitution.Because the principles of imputation is to impute offense elements therefore the analysis of offense element theory is the basic of the principles of imputation.criminal law functional analysis theory is used to resolve the problem about how to use the principles of imputation,it confirms the function of every principle of imputation and puts them into the frame of criminal law functional analysis theory under the procedure of using criminal law to judge a crime when this crime lack of some offense elements but is still imposed a liability on it.Paul H.Robinson didn’t use the theory of criminal constitution theory to decide different kinds of criminal law principles and rules in three functions including rule-articulation function,Liability function and grading function which are used to judge whether this conduct can be a crime,does this people should undertake the liability and how much liability will be imposed on him,then various principles of imputation with different functions will be put into this frame.The fourth section,It is a contrastive analysis of imputed liability with amendatory constitution of criminal and imputation principles with objective imputation.Through those contrastive analysis,we can know the role and function of criminal imputed theory in criminal constitution theory and liability theory and build a basics for referenceIn the fifth section,it is a using for reference of criminal imputed theory in criminal constitution theory.the reference of criminal imputed theory in theoretical is about how to connect criminal constitution theory with criminal liability theory.The reference of criminal imputed theory in practice is about how distribute the liability of joint offense.In the last section,it is a argument about the systemaltization and rationalization of American criminal jurisprudence which is presented by principles of imputation and a summary of criminal imputation theories’ development,then some suggestions about the method to use for reference foreign criminal imputation theory.