Study On The System Of Imputation In The Theory Of Objective Imputation

Because of its strong theoretical and logical nature,the theory of objective imputation takes "risk" as its standard and shines brilliantly in the theory of constituent elements.The theory of objective Imputation has become the mainstream theory in Germany.Due to the deficiency of causation theory in China,objective imputation theory is considered to be of great significance to China's causation theory,and a research upsurge has been formed in China.However,the theory of objective imputation originated from the theory of three-tier elements in the continental law system,which is incompatible with China's criminal theory system to a certain extent.Whether the term objective Imputation can be further developed in China needs to be explored urgently.Therefore,this paper takes "Imputation" as the starting point,studies the boundaries between objective Imputation and subjective Imputation,and reveals the main content of objective Imputation.The objective imputation theory is the main research object,which provides a theoretical basis for the application of the objective imputation theory in China.The structure of this paper is as follows:The first part is to analyze the theoretical significance of the term "Imputation" in different periods and the specific connotation of objective Imputation.Starting with the classical imputation theory,this paper analyses the different meanings of the word "Imputation" in the period of enlightenment thought,classical school,modern school and post-classical school,and the relationship between causality and Imputation.Then it analyses the role of Imputation in the formation of objective imputation theory.From the theoretical background of objective Imputation(causality theory)to Roxin's modern objective Imputation theory based on risk,the functions of each period's Imputation theory and the specific content of objective Imputation are analyzed.Finally,it summarizes the Imputation thoughts in different periods,and compares the specific differences in Imputation between the equivalent causality theory and the objective imputation theory.In the age of classical attribution,Imputation is the internal relationship between behavior and behavior,which is subjective,while causality has nothing to do with Imputation,and only provides material for judgment of Imputation.In modern attribution theory,the constituent elements will act on behalf of part of the subjective Imputation,and the causal relationship will change from pure attribution to attribution.In this article,the objective Imputation is used to impute the behavior and result to the constituent elements,which does not have personal personality.The objective Imputation mainly includes the cause Imputation and the result Imputation.The second part is to study the boundaries between objective Imputation and subjective Imputation in the objective Imputation theory.Firstly,it analyses the conditions of screening behavior in the theory of objective imputation(that is,the conditions of causal imputation),and draws the concrete role of objective Imputation in different conditions of causal imputation,focusing on the content of subjective Imputation.Then,it analyses the screening result conditions of objective liability theory(i.e.result liability conditions),and the coverage and judgment criteria of objective liability under each specific condition.Finally,some rules of attention in the theory of objective imputation are discussed comprehensively.This paper analyses the relationship between attention norms and various attribution conditions,and whether it involves the specific content of objective Imputation.In this article,there is no qualitative difference between objective imputation principle and equivalent causality theory,and most of the imputation conditions can achieve the same purpose with the judgment of equivalence.The theory of objective imputation will perform some functions of illegality and Imputation on behalf of others.The third part mainly discusses the reference significance of objective imputation theory to China's criminal law theory.Firstly,it explores the relationship between objective Imputation and criminal Imputation,and whether criminal Imputation can cover the scope of objective Imputation.Secondly,the compatibility between objective imputation theory and justification theory is discussed.Finally,the possibility of applying the objective imputation theory in China is analyzed.In this article,the objective imputation theory will develop with the causation theory in our country,but some imputation conditions need to be selected and applied,that can conduce to create an new and special imputation theory.