| At present, our country criminal law causality theory inherit in the former Soviet union, said using marxist philosophy created the necessary causation theory, accident causation theory. But the philosophical paradigm, the development of China’s criminal law causality theory it is difficult to obtain this seriously affects the quality and efficiency of the judicial application. In recent years, some criminal law scholars in China begin to question our country traditional criminal law theory of causal relationship, and began to introduce causality theory of continental law system countries, there are conditions theory, the importance of theory, and the theory of a causal relationship, which strongly promote the development of the theory of the causality in our country. The Japanese criminal law educational world says quite a causality theory, through the "pretty" standard evaluation, and screening of the cause of the result. German criminal law educational world is based on the theory of condition, through the objective imputation theory standard evaluation, behavior person "work" on the ownership of the problem. Objective imputation theory is German criminal law scholars in causality theory developed on the basis of imputation theory, is also in the development of modern German criminal law theory is the most compelling theory results. This paper briefly describes the development of the causality of criminal law theory in continental legal system evolution, especially the condition and causality theory development. On this basis, the detailed discusses the basic connotation and the basic of the modern theory of the objective imputation principle. In the aspect of criminal law theory, through the subjectivism tendency of China’s criminal law theory and system of crime constitution, a comparative study and other important topics for our country criminal law causation theory and the development of the theory of responsibility to provide the reference, in order to perfect our system of crime constitution provides a little enlightenment.In this paper, besides introduction and conclusion, this thesis will separate into major parts.The first part: theory of causality. Results must match the behavior of the implementation of a causal link, behavior talent may be negative corresponding criminal responsibility crime accomplishment. Judge causation of criminal law, is to determine whether harmful behavior has caused harm as a result, rather than harm behavior can cause harm result. Theory applicable to the condition of thinking just to identify the cause of the behavior is essential for the result, and need not be value evaluation from the empiricist level. Quite theory "is" the judgment is according to the social life experience filter has the important significance of the criminal law causality, this is not a causal theory can realize the basic function, and belongs to the results of the specification, therefore, is not really a theory in the sense of causality theory, but theory belong to the category of imputation.The second part: the essence of the objective imputation theory analysis. Causality is to explore the behavior and result, whether there is a natural law in the sense of intrinsic connection between the theory of so conditions shall be as the basic standard of judgment. Due to quite a theory on the specific criterion relatively abstract, is not a good solution to the problem of imputation results, therefore, the German criminal law theory in absorbing rather theoretical connotation, derived by the basic norms of criminal law, gradually developed into a modern objective imputation theory, so as to accurately solve the problem of imputation results. Objective imputation theory is the main contents, act by act for behavior object manufacturing or increased the risk of a law does not allow, at the same time the danger during the course of specific causal, eventually led to the results of constitutive requirements, then the result can be attributable to the offender.The third part: the objective imputation of criminal justice in our country apply. Causal relationship and the objective imputation of comprehensive judgement is based on condition that, first determines the offender’s behavior and the result is whether a causal relationship between, if there is a causal relationship between the two, in the premise of further according to the basic principles of objective imputation if a judgment on the result of objective imputation. The judicial application model are: the main contents have importance to blame the cause of criminal law, therefore, it is necessary to amend the condition judgment formula of the theory of to "unthinkable by its specific effect does not exist, and have the requirement of criminal law on the importance, only can blame on criminal law". Is not a representation of equivalence, equivalence of causal harmful results of various conditions in the causation of the whole chain is equivalent or equivalent, but the reasons for the results of the equivalence, does not involve the results of objective imputation, the imputation of the results should be carried out in accordance with the objective and the basic principles of imputation, respectively.The fourth part: objective imputation enlightenment to our country criminal law theory. The current our country criminal law theory and judicial practice, there are different levels of subjective tendency. Although the objective imputation theory did not directly against the idea of subjectivism, but its nature and the content is incompatible with subjectivism, which is essentially the limitation. And study the objective imputation theory is introduced, obvious tendency to overcome the current subjectivism has an important regulating role. Crime constitution theory in China is constructed based on the idea of social standard and empirical method. With the advancement of our country under the rule of law, pay attention to individual rights protection has become the trend of the development of the criminal law, the introduction of the objective imputation theory, for the reflection of the current system of crime constitution in our country, beneficial to the improvement of the system of crime constitution in our country. |
