Research On The Imputation System Of “Endangering Someone Else”

As the main component of risk acceptance theory,“endangering someone else”was first summarized by Japanese jurisprudence,which is not uncommon in China.However,at present,the theory of criminal law in China has not been systematically studied,nor has a complete system of imputation been formed.Various scholars in the theoretical field hold different attitudes and standards on whether such cases can be dealt with without guilt,which leads to the lack of stable guidance in judicial practice and the phenomenon that the same cases reach totally different conclusions based on different standards.Although nowadays the mainstream tend to apply the theory which is called “self-responsibility of the victim” to solve this issue,but the theory did not specifically provide accountable standards and did not answer why the victim has to take the responsibility.To say the least,even if apply the same standard,from the different angle may lead to different conclusions.And with the objective imputation theory itself which has the same goal,based on the conditional correlation,equivalence correlation,risk correlation and legal interest protection purpose correlation step by step,the requirements and standards can be unified,and the problem can be solved without bias,and thus,the authority of criminal law and justice is maintained.This paper consists of more than 40,000 words and is divided into four parts:The first part is the introduction,which introduces basic information such as research background,research purpose,research object and research method.On the one hand,it sorts out the general situation of other people’s risk research based on agreement in China;on the other hand,it focuses on the specific research object of this paper.This part aims to find out the problems in the current research situation and put forward the author’s research ideas and steps.The second part is the analysis of the concept of “endangering someone else”.Firstly,it explains the concept of “endangering someone else”,including the premise,connotation and characteristics,and then compares it with the concept of“self-endangering”,which is also part of the theory of risk acceptance.The early theoretical circles always confused the two concepts,believing that the basic requirements of both are the same,and both can use the “self-responsibility of the victim” theory to deduce the unpunished side of the conductor.However,some scholars,such as professor Roxin,advocating the separation of the two,arguing that the risk in the “endangering someone else” is controlled by the conductor,which is completely opposite to the“self-endangering”.Therefore,it is of great significance to distinguish the two concepts in this part.And finally,the author will distinguish between the concept of“endangering someone else” and the “victim promise”.There are three differences between them: one is based on the “endangering someone else”(hereinafter referred to as the former)the victim is only agreed to the dangerous behavior,but in the victim promise(hereinafter referred to as the latter),the victim also agreed to a dangerous results;Second,the consent of the victim of the former may have flaws,but the consent of the victim of the latter must be clear and unmistakable,there can be no room for flaws and misunderstanding;Third,the former belongs to the category of negligent crime,while the latter generally appears in the field of intentional crime.The third part is to sort out the controversy about the function localization based on the “endangering someone else”,the so-called function localization refers to whether the crime can be committed.From the perspective of the theory of the three strata of crime constitution,the author sorted out the three stages of the conformity,illegality and accountability of the constitutive elements,and made a brief analysis of the advantages and disadvantages of each theory.This part is very important for this paper,because advocating new methods and new ideas inevitably involves criticizing old methods and old ideas.After sorting out the general theoretical status quo,the author can introduce the objective imputation system and go on with the next part of the elaboration.The fourth part is the analysis of the self-responsibility of the victim theory and the explanation of the necessity of introducing the objective imputation theory.The theory of victim’s self-responsibility is the mainstream thinking in dealing with similar cases in Germany and Japan,which has been gradually adopted by domestic scholars in recent years.This theory is part of the objective attribution theory,but it is quite different from the objective attribution theory.According to professor Mingkai Zhang’s point of view,the self-responsibility of the victim theory is quite confused and cannot form a stable accountability standard.However,the objective liability theory can unify the condition and standard of liability through the gradual judgment of conditional correlation,equivalence correlation,risk correlation and legal interest protection purpose correlation,making up the defect of the self-responsibility of the victim theory.The fifth part introduces four kinds of relations of objective attribution theory.Specifically,it includes: first of all,conditional correlation is the general factual correlation in objective attribution,indicating the most preliminary relationship;Secondly,the equivalence relation is to analyze the definite relation between the behavior and the result through the supplement of objective purposiveness to the probabilistic law,so as to determine that the relation between facts which has the value of criminal law evaluation.Thirdly,the risk correlation,what should be explained is the detailed connection between the breach of duty and the result,so that the evaluation of the exact connection between the act and the result in the sense of norms has considerable importance in criminal law.Fourth,the legal interest protection purpose correlation is to judge whether the code of conduct is violated in specific circumstances,which has the significance to prevent the occurrence of the result based on the purpose of legal interest protection that the outcome specification intends to achieve.At the final chapter of this paper,after systematically introducing the connotation and functions of each major correlation,the author will use several famous criminal cases at home and abroad as examples to reach scientific and reasonable conclusions,so as to prove the feasibility of the imputation system.