The Theory Of Risk Actualization And The Imputation Of Results

At present,the theory of risk actualization has almost become a general theory in Japan.To sort out the connotation and shortcomings of the theory of risk actualization is of great significance to the construction of causality theory system in China.This paper consists of three parts:The first chapter mainly combs the ontological structure of the theory of risk actualization and its shortcomings.The deficiency of the theory of risk actualization lies in that it doesn’t distinguish the danger of intentional action from the danger of negligent action.The difference between the two kinds of danger does not lie in the degree of danger.The danger of intentional action is not always higher than that of negligent action.The nature of the two kinds of danger is essentially different.The danger of intentional action is dominant and directional,while the danger of negligent action is aimless.Only according to the degree of danger can not explain the reasons for the establishment of aggravated consequential offense,nor can it explain the specific causal process of risk actualization.The second chapter mainly discusses that the judgment of danger must be combined with the subjective of the actor.Different behaviors have different illegal types,so it is impossible to choose a unified mode of imputation.The judgment of result attribution is not the judgment of relevance between actual damage result and purely objective appearance behavior,but the judgment of relevance between result and intentional action or negligent action.According to the theory of risk actualization,the result attribution of intentional action and negligent action should be solved objectively,which has nothing to do with the actor’s subjective will.However,intentional crime and negligent crime are totally different in criminal structure and illegal type,so they can not apply the same mode of imputation.The pure objective causality imputation theory only applies to negligent crime and omission crime.Intentional crime must be subjective imputation with the core of will domination.The third chapter mainly analyzes the standard of direct risk actualization and indirect risk actualization.In the direct risk actualization,the implementation of behavioral risk actualization standard is based on the different nature of the implementation behavior,and then choose different results belonging standard.Among them,the risk actualization standard of intentional action is to meet the sufficient condition formula;the risk actualization standard of negligent action is to meet the necessary condition formula and the violation of objective duty of care.The risk actualization standard of the omission is to meet the necessary condition formula and the violation of the obligation of result avoidance.In the indirect risk actualization,the standard of actualizing the risk of action is that the action causes a type of risk.