The Systematic Positioning And Interpretative Application Of Objective Punishment Conditions

The theory of objective penalty conditions in German and Japanese criminal law provides for solving the problem of positioning the elements of guilt of specific crimes in the system of crime composition with a new perspective.They are expressed in the form of objective result elements embodying social harm,and difficult to be attributed to the constituent acts,and thus are excluded from objective wrongfulness and subjective responsibility based on the unique property of objective penalty conditions.The objective punishment condition is not an element of punishable judgment,but an element of punishable judgment,i.e.,an element that independently determines the establishment of crime in the dichotomous system of should be punished and need to be punished.At the same time,the reductionist theory,the dichotomy theory,and the independent penalty power initiation condition theory are unable to achieve logical consistency within the system,and have theoretical defects that cannot explain the essence of objective penalty conditions.The elements of "actual harm" in our criminal law should be recognized as objective penalty conditions on this basis.The specific content of this paper are as follows:Chapter one: The background of introducing objective punishment conditions into China’s criminal law system.In view of the unclear positioning of the criminal elements in China’s criminal law system,especially whether the criminal elements belong to the intentional object of knowledge,it is difficult to accurately determine whether the perpetrator constitutes a crime in judicial practice,and the academic community has not yet reached a unified conclusion.By combing the existing mainstream views,it is easy to find that scholars more or less mentioned the subject of this paper-objective punishment conditions.In Germany,the objective punishment condition is proposed by the legislator based on the consideration of criminal policy to solve the problem of the subjective intention of the perpetrator is difficult to prove.However,there are many doctrinal dilemmas in the existing views on objective penalty conditions.Chapter two: The carding of objective punishment conditions.The doctrinal views on objective penalty conditions in the German and Japanese criminal law schools mainly include the reductionist view under the orientation of substantive illegality,the independent view under the orientation of criminal policy,and the differentiation view under the orientation of typology.In contrast,the views on objective punishment conditions in the domestic academic community include the reductio ad absurdum theory,which is strongly opposed to objective punishment conditions,the wrongful neutrality theory,which is completely affirmative to objective punishment conditions,and the dichotomy theory,which is a compromise introduction to objective punishment conditions.Chapter three: The systematic orientation of objective punishment conditions in crime theory.The objective conditions of punishment are fundamentally different from the conditions of litigation and procedural elements,which can be effectively distinguished with the help of corresponding criteria.The objective penalty condition can only be manifested in the form of objective harmful results,and it does not have a de facto dominant and controlling relationship with the constitutive act,and thus cannot be attributed to the perpetrator,i.e.,the objective penalty condition has the property of wrongful neutrality.Although the analysis of intentional elements is unique in terms of the coordination between objective punishment conditions and the principle of deontology,there is still a defect that makes the system difficult to be self-consistent.The incorporation of factors such as criminal policy outside the criminal law system into the criminological system by means of the judgment of punishability undoubtedly contributes to the further improvement of the criminological system,and also finds for the system of objective punishment conditions-an independent element of crime establishment a reasonable place.Chapter four: The interpretation and application of objective punishment conditions in the problem of crime quantity elements.The elements of objective punishment must be the objective results of harm that are difficult to attribute to the constituent acts,and can pass the examination of the "subtraction method".The "serious consequences" of the crime of not reporting the loss of a firearm and the "significant loss" of the crime of obtaining a loan are typical objective punishment conditions.The remaining elements of the circumstance-based crime,the number of crime elements and the amount of crime elements do not belong to the objective conditions of punishment and should be the basis for the illegality of the wrong elements.