A Study On The Theory Of The Objective Imputation

The Objective imputation concept after a long historical development, first in the 1970 s, has begun to take shape, especially German criminal law scholars in LK Roxin Professor theory of objective imputation, although there is controversy, but has a more perfect and mature. In our country, in recent years, the introduction of the theory of objective imputation is increasing, but most of them still stay in the basic content of objective imputation Domestic scholars on the relationship between the objective imputation and the cause and effect relationship is not deep enough, especially in the causal relationship theory has a decisive role in a considerable causal relationship theory. In this paper, we focus on the analysis of the differences between the two theories, and compare the advantages and disadvantages of the two theories, and to open up new ideas for the further spread of the theory of objective imputation.The structure of this paper is divided into four parts:Part one: an overview of the theory of objective imputation. Overview part mainly discusses objective attribution theory’s formation, from Hegel return responsibility thought by Lorenz to Homogenize objective attribution of responsibility theory, representation of the process of the formation and development of the responsibility theory of objective imputation, analysis the objective imputation how to step by step from subjective factors to the objectivism; Luo Corzine modern objective return the responsibility theory, analyzes the philosophical foundation of the objective and briefly introduces the basic content.Part two: the evaluation of the objective imputation theory. This part presents the objective imputation theory of criminal law Chinese academic criticism and criticism of these defects is reasonable. To discuss the objective imputation, comparing the objective imputation theory of narrow and generalized the objective imputation theory, and tries to clarify the objective imputation theory as the constitute elements of the theory of status. But also in this part of the analysis of the theory of objective imputation theory of the value of the.Part three: the relationship between the objective imputation theory and the causality is the comparison between the. This part is the priority among priorities in this paper, based on the causal relationship theory and application of rules is discussed, the contrast, consistency and difference analysis of the two, the advantages anddisadvantages. By comparing the causal relationship with that of the objective imputation theory advantage.Part four: China inquiry of the objective imputation theory. This part through the analysis of specific cases in the judicial practice Chinese processing results, explore the objective standard exists in the judicial practice, to explore the objective imputation is to inject new vitality into the judicial practice of China. This part also analyzes the method of responsibility theory on the significance, direction of development and based on the significance of the prospect of the objective imputation theory and prospect.