Okay, here is the translation following your instructions: Objective Responsibility Theory Research

Author: Wang Yang
Publisher:
Publish Date: 2007-01-01
Features:
1. The Problem Proposed In the field of Chinese criminal law, "objective imputation" is widely known. When it comes to objective imputation, people may immediately think of imputing responsibility without considering the subjective fault of the actor, while objective imputation theory is relatively unfamiliar. Compared to the well-known "objective imputation," both in nature and content, objective imputation theory has significant differences. This theory is not a recently emerging one but has been a frequently and heatedly discussed academic issue in German criminal law and even in European criminal law since the 1970s. Today, objective imputation theory has become a fixed content in German criminal law textbooks. Since the problem to be solved by objective imputation theory comes from the field of causation, it is often misunderstood as a causation theory. Some scholars in China, when introducing it, mostly classify it as causation theory. In fact, objective imputation theory, like the purpose (conduct) theory prevalent before 1975, or the causation concept during the period of criminal law naturalism, also has a similar foundational importance. However, compared to the always defining a fundamentally clear scope of objects in the categories of causation concept and purposefulness, objective imputation theory is like a giant octopus with countless tentacles, encompassing an ever-expanding scope of application. In 1927, German scholar K. Larenz, while studying the theory of adequacy, believed that the theory of adequacy did not belong to causation theory but to imputation theory; Hegel's imputation theory was not subjective imputation theory but imputation for generalized subjects, thus proposing the concept of objective imputation and opening the curtain of research on objective imputation theory. Early objective imputation theory was mainly used to limit the unlimited retrogression of the theory of conditions and exclude fortuitous facts, while modern objective imputation theory, revolving around the issue of illegality in negligent offenses, has developed into a brand-new theory of conduct illegality, which can be used to solve many problems of negligent offenses and some problems of intentional offenses. As an important component of functionalist criminal theory, objective imputation theory focuses on the defects of formal judgment of conformity with the elements of crime and attempts to make substantial illegality judgments of factual acts according to the spirit and purpose of the legal order, to determine which acts are acts in the objective elements of the crime, and is closely related to causation theory, theory of conduct illegality, theory of responsibility, intention, negligence, unsuccessful attempt, and even the system of crime constitution. The emergence and development of objective imputation theory are promoting profound changes in these fields. Objectivism centers on conduct, emphasizing the harmfulness of the results of conduct to society, while subjectivism advocates the centrality of the actor, emphasizing the subjective malice and personal danger of the actor. Objective imputation theory focuses on the intrinsic nature of conduct, belonging neither to objectivism nor to subjectivism. Some even argue that this theory opens up a completely new path between objectivism and subjectivism, with revolutionary significance. Objective imputation theory provides a brand-new research approach for criminal theory. Through the study of objective imputation theory, we can deeply reveal the nature and future development trends of causation theory, improve theories of illegality and imputation, rigorously examine traditional theories of negligence, and further refine the criminal theory system, thus having extremely important theoretical and practical value. What exactly is objective imputation theory? What are its research objects and scope? What is its position in the system of crime constitution? What problems can it solve? How should it be applied? Can objective imputation theory replace causation theory? Can it replace traditional theories of negligence? Will the application of objective imputation theory lead to chaos in the traditional system of crime constitution? How will objective imputation theory develop? Additionally, people are more concerned about the benefits that objective imputation theory can bring to China's theory of crime constitution, whether it can be used in China's system of crime constitution, and how it should be applied. These are all questions that need to be answered when studying objective imputation theory.
2. The Structure of This Book This book follows the research approach of general theory, elaborating in detail the research objects, basic concepts, judgment principles, system positioning, specific applications, practical significance, and current development status of objective imputation theory, attempting to present a comprehensive picture of objective imputation theory and providing a beneficial bridge for Chinese readers to learn and study it.
Chapter 1, Research Objects of Objective Imputation Theory. First, it introduces the difference between objective imputation theory and the traditional objective imputation principle, clarifying the connotation of objective imputation theory, and then elaborates in detail the problems to be solved by objective imputation theory, thereby deriving its research objects and scope.
Chapter 2, Basic Concepts of Objective Imputation Theory. First, it deeply analyzes the connotation of the fundamental element of objective imputation theory—objective purposefulness, explaining the two sub-elements of normative purpose and the objective danger-making capacity of conduct, as well as their relationship, and then studies the dangers studied in criminal law in detail, focusing on permitted dangers, including the purpose of studying permitted dangers in objective imputation theory, the debate over the nature of permitted dangers, and the judgment criteria for permitted dangers.
Chapter 3, Judgment Principles of Objective Imputation Theory. First, it introduces the three major judgment principles—creating danger, realizing danger, and the scope of effectiveness of the elements of crime, and then elaborates in detail the derivative principles of the three major principles—non-creation of danger, non-realization of danger, and the scope of effectiveness of non-elements of crime.
Chapter 4, The Relationship Between Objective Imputation Theory and Causation Theory. First, it briefly introduces the development history of causation theory, analyzes its fundamental nature and development trends, and then studies the condition theory and adequacy theory closely related to objective imputation theory in detail. On the basis of demonstrating the essential characteristics of condition theory and adequacy theory, it explores the specific relationship between objective imputation theory and condition theory and adequacy theory.
Chapter 5, System Positioning of Objective Imputation Theory. First, it analyzes the relationship between objective imputation theory and the theory of conduct, revealing that objective imputation theory is a theory of the elements of crime, and then focuses on studying the historical development of the theory of illegality, further revealing that objective imputation theory is a theory of conduct illegality, and then analyzes the relevant content of the theory of responsibility, pointing out that objective imputation theory has completely detached from the theory of responsibility, strengthening the argument for its fundamental nature, and finally discusses the position and role of objective imputation theory in the system of criminal theory.
Chapter 6, Specific Applications of Objective Imputation Theory. First, it studies the illegality construction of traditional negligent offenses, and on the basis of comparative analysis, argues that objective imputation theory has constructed a brand-new theory of illegality for negligent offenses, and then analyzes the application principles of objective imputation theory in intentional offenses and omissions, discussing specific application rules.
Chapter 7, Practical Significance of Objective Imputation Theory. It studies the enlightenment and reference significance that objective imputation theory brings to China's causation theory and criminal law theory. First, it rigorously studies the content of criminal objectivism and objectivism, pointing out the subjective tendency currently existing in China, and on the basis of analyzing the nature of objective imputation theory, it points out the role of this theory in suppressing the subjective tendency, and then analyzes in detail the fundamental nature and problems faced by China's causation theory and theory of crime constitution, proposing preliminary plans to reform these two theories.
Chapter 8, Current Development Status of Objective Imputation Theory. First, it analyzes the historical origin and background of the formation of this theory, separately studying the development history of early objective imputation theory and modern objective imputation theory, attempting to reveal the basic context of the formation and development of objective imputation theory, and then introduces the current research status of objective imputation theory in Germany, pointing out the future development direction of objective imputation theory.
3. Research Methods of This Book Due to the influence of early objective imputation theory, the current research on objective imputation theory in Germany presents a rather chaotic situation. The research focus and direction of different scholars vary significantly, and their theoretical views differ greatly and are relatively scattered. However, Roxin, after careful organization, has constructed a relatively complete system of objective imputation theory. We mainly conduct research based on the theoretical system constructed by Roxin, but it is not entirely consistent with it. The main reason is that our research methods are completely different from traditional foreign research methods. On the basis of a comprehensive analysis of the fundamental nature, judgment rules, specific applications, and historical development of objective imputation theory, we boldly deconstruct objective imputation theory as a whole and tentatively construct a new theoretical system for objective imputation theory. This theoretical system is not only different from the system introduced by Chinese scholars for objective imputation theory but is also different from the theoretical system created by Roxin. Compared to our theoretical system, it is more innovative and is also easier for Chinese readers to accept. In this theoretical system, we put forward many innovative viewpoints. For example, we explicitly point out that objective imputation theory is a brand-new theory of conduct illegality; prohibited dangers are divided into two categories—dangers that exceed the boundaries of permitted dangers and dangers judged by the principle of adequacy; and prohibited dangers are not dangers prohibited by law. We focus on using the analytical method, not only comprehensively analyzing objective imputation theory but also deeply analyzing the theory of conduct, theory of illegality, causation theory, and theory of crime constitution, revealing the internal structure and essence of these theories, and putting forward many profound insights. For example, the factual judgment nature of causation theory, the transplantation of the evidentiary principle of excluding reasonable doubt from condition theory in criminal law, and the elimination of the soul of responsibility in China's theory of crime constitution. Moreover, during the research process, we interweave various legal research methods, including comparative methods, historical methods, and the method of linking theory with practice. The application of these methods not only strengthens our analysis and argumentation but also enriches the content of this book. We hope that our goal of providing a comprehensive picture of objective imputation theory will not be in vain.