Crises And Approaches Of The Theory Of Objective Imputation

Since the objective imputation theory has been put forward,it is noted for its rigorous logic and elaboration,especially after the professor Roxin put forward the hierarchy of system inspection rules,in Germany it has become the powerful theory.But with the development of the society it also shows different aspects of the theory of crisis,according to these crises,the author attempts to make a shallow crude approach outlined,include proposing expand the connotation of result and the think of regarding behavioral risk as the end of imputation、normative and subjective responsibility and applying for two class system approach,to hope that it can provide some assistance to the objective imputation theory and practice.Finally combining with the disadvantage of criminal theory of country in some area,this paper tries to refer to the connotation and thinking logic of the objective imputation theory,and puts forward some reference ideas of the objective imputation theory、 including the definition of practice behavior and the positioning of causality and the reference of methodology.So this paper will be divided into four parts: the first part is an overview of the objective imputation theory,firstly,it introduced the development of the objective imputation theory,then introduce the core connotation of the three basic principles,that means to create and complete risk which is allowed by law and the effectiveness of the constitutive requirements of scope,finally it introduced the comparison of similar concepts to the objective imputation theory,so that we can introduced the objective imputation theory clearly in the first part,including comparing with condition theory、causal relationship and the double layers causality.The second part points out the four crises of the objective imputation theory emphatically,including the crisis of the expansion of risk concept in the context of risk society、the crisis of the logical application of hypothesis causality、the crisis of the subjective factor embedded and the crisis of the three-class system.This part is also the focus of this paper.On the basis of the crisis introduced in the second part,the third part targeted to put forward the corresponding solutions which is put forward to expand the scope of the concept of results or regard behavior as the start point of imputation in order to solve the crisis of risk expanding,the in justified and protection purpose solutions to abandon assuming causal logic of thinking,the regulative and subjective responsibility to solve the crisis of imputation theory of subjectivity embedded and the two classes of duty crime constitute to solve the problems on its system.In the fourth part,the author thinks about the reference to the objective imputation theory on the problems related to criminal theory in China,emphasizes the importance of the basic function of the practice,and puts forward the concept of the practice under the standpoint of the unworthiness of the practice.