Reconstructive Research Of The Objective Imputation System

Since it was first developed,objective imputation system has been one of the most complicated conceptual legal ideas with great significance and has drawn attentions of numerous scholars of criminal justice,who formed various imputation systems of their own in their exploration.Yet it's quite the opposite in China.Due to limited documentations in Chinese version and the short time since it was first introduced,judicial practice in China hardly adopt this system in any ruling in an apparent sense,and instead,they take a invisible perspective abusing arbitrarily the rules in objective imputation system and create an incoherent,capricious,unpredictable atmosphere in judicial rulings.The need to construct a certain objective imputation system is eminent.The research tries to study this issue from the perspectives of both static and movement.In the first place the author introduced the objective imputation system from a historic philosophical and legal view,laying a coherent theoretical foundation for further exploration.In the second part,two pillars described as the imputation of will and of objectification are being categorized and established from the literature reviews in a static sense.In the final part,the author takes a dynamic standpoint and forms a four-level progressive objective imputation system,in response to the formerly described two pillars.The four-step system,with an aim to realize the pursuit and balance of the general justice and individual fairness,successfully fulfill a deciding purpose of legal liability from empirical knowledge judgment,to moral examination then to normative imputation.