Research On Objective Imputation Of Vocational Negligent Crime

To define the concept of vocational negligent crime aiming at the phase of vocation is insufficient,because it not only leads to a narrower scope of the concept itself,but also losses a certain extent of value in the perspective of criminal law.Theoretically,all vocational negligent crime should have been equipped with cognitive ability,which one should have foreseen the possibility or substantial consequences of endangering society with the behavior of neglects or improperly performs vocational duties.Based on different responsibility of sources,vocational negligence can be divided into vocational norm negligence and vocational communication negligence.It couldn’t be ignored that deficiencies still exist in traditional criminal theory of negligence,such as the disordered orientation of negligence in the system of crime theory,the vague judgement in the standard of responsibility,and the unreasonable understanding of negligent dangerous crime in the frame of dogmatic of law.In consideration of solving shortcomings,the objective imputation theory could be an authentic amendment.Specifically,it can establish the fault of constituent elements,derive judgement rules further.So to speak,it has taken count of objectivism and subjectivism,and balanced the interrelation of the infringement of legal interests theory,anti-value consequences theory and norm violation theory,and anti-value actions theory.Vocational negligence has confronted with some problems in practice,and two of them are significant——one is the result imputation of the old negligence theory,the other is the constitution of illegality and responsibility which are generally ignored by judges.Objective imputation theory includes three levels: the creation of prohibitive risk of law,the achievement of prohibitive risk of law and achievement of prohibitive risk of law within validity of constitutive elements.Among them,the first two belong to the category of behavior and result imputation respectively,and as the second examination of consequence,the last one should be excluded under exceptional circumstances.There are three advantages on bring objective imputation in vocational negligence: first,traditional negligence theory has demonstrated signs of weakness in dealing with vocational negligence crime.Second,in the aspect of causality judgement,objective imputation is more specific.Third,on the issue of evaluation of result crime and classification of vocational negligence,it is more reasonable and ascendant.As for its feasibility,it also reflects on three aspects:first,it fills the degree judgement of social harmfulness effectively.Second,causative imputation and consequential imputation aren’t separated from each.Third,it conforms the logic order of from-objective-to-subjective in the system of four elements of crime.If one’s vocational behavior neglected or improperly performed vocational norms or vocational communication norms,thus created prohibitive vocational risks of law,it is to the behavior imputation of vocational negligence;If one’s vocational behavior didn’t cause actual risks in the evaluation of causality process or make substantial violations or threats on legal interests which the Criminal Law protects until it reached the standard of the Criminal Law regulated.Thus it can be seen that affirmation of result affiliation is result imputation of vocational negligence.Analysis of several cases have indicated that the objective imputation is not only feasible than merely result imputation,but also more reasonable in problem-solving than conditional theory and proper causation.