Research On The Objective Penalty Conditions In China's Criminal Law

According to the traditional theory of criminal law,it is difficult to define the subjective fault forms and practice behaviors of some crimes in China's criminal legislation system.The main reason is that the constitutive elements of this kind of crime in the legislation contain the factors of the nature of objective penalty conditions.Similar situations are also common in German and Japanese criminal laws.They adopt the theory of objective punishment conditions to correspond to them.Although there are some disputes,the practical effect is relatively ideal.German criminal law generally believes that objective punishment conditions refer to the constitution of the crime is irrelevant,its establishment is only related to the punishable crime,it is usually because of the criminal policy considerations,has nothing to do with illegal,responsibility.It is generally believed in the academic circle of criminal law in Germany that the objective penalty conditions are located in a special position,and the objective penalty conditions are not intentional knowledge content,nor must they be caused by negligence.Under the circumstance of satisfying the constitution of the crime,as long as the objective penalty conditions have been met,the actor has the intention or negligence regardless,the crime is established.Therefore,it can be seen that the academic circle of criminal law in Germany puts objective penalty conditions in the system of criminal theory.Japan in order to maintain the independent character and purity of crime constitution and criminal theory system of internal coordination,also in order to thoroughly implement the principle of a legally prescribed punishment,Japan many scholars believe that the objective punishment condition due to do not belong to the illegal and the elements of responsibility,thus has nothing to do with the establishment of the crime,the objective conditions is not a crime punishment theory research category,just about to launch the power of criminal penalty,belongs to the category of the penalty theory research.In recent decades,German and Japanese criminal law doctrine study has given great enlightenment on our country's criminal jurisprudence research,not only changed the ecology of our country punishment law research and traditional,the most important thing is to speed up the steps of our country punishment law refinement and standardization research,the resulting problems is the transformation of our country punishment law knowledge leads to our traditional criminal theory system maintenance or reconstruction of selective problems.As a hierarchical crime theory system set up a class of objective punishment condition also will be introduced to China,has caused such as professor Zhang Mingjie,Li Hong professor and professor Liang Genlin scholar's attention and research from different angles,but the whole research or insufficiently thorough and system,the most interesting question is:in China's traditional "four elements" theory of crime objective punishment condition does exist in the system of space;If the objective penalty condition is introduced,how to deal with the tension between it and the subjective and objective principle;How to make use of objective punishment conditions to explain some crimes in our country reasonably and fully,and so on,these are the key problems that cannot be solved by studying objective punishment conditions.If you want to a systematic and normative research objective punishment condition,we can't general view of the objective punishment condition,otherwise you will have the simplification of complicated problem,so we can be prudent to objective punishment condition of German and Japanese criminal law theory into China's criminal law theory,to place it in our country,under the objective aspect of crime constitution system is defined as elements and objective elements with special terms or conditions,or it can be divided into the real objective punishment condition and not the real objective punishment condition and fit the penalty system in our country.Through this way,while perfecting the theory of criminal law in our country,it also makes the form of subjective fault and practice behavior of some crimes in our country get a better explanation and definition.This paper consists of four parts:The first part is the introduction.It is mainly the derivation of the problem,and the research purpose and method of this paper.The second part is mainly the introduction of the problem,the combination of China's current criminal law of the existing difficult problems to lead to the existence of objective conditions of punishment,as well as the objective conditions of punishment in our current situation and the debate.The fourth part mainly through the method of empirical analysis,to identify the real objective conditions of punishment and not the real objective conditions of punishment is summarized,try to match the objective conditions of punishment with China's criminal theory system,and make a reasonable systematic arrangement.The fourth part mainly introduces the Chinese problem of the objective punishment condition,mainly analyzes and solves the relationship between the objective punishment condition and the principle of the unification of subjective and objective as well as the problem of the agreement with the traditional criminal theory system in China.