Research on the Mechanism of Unreasonable Objective Attribution
- https://doi.org/10.2991/aebmr.k.191225.179How to use a DOI?
- causality, objective attribution, risk creation, protection purpose
The essence of causality in criminal law is to examine whether the “justice” that results in the formation of the constituent elements can be counted as the value judgment of the perpetrator. The positive causal relationship between the Soviet and Russian criminal jurisprudence and the accidental causality theory and the “Conditional Theory”, “Cause of Reason”, “Correspondence Theory of Causal Relationship” under the German-Japanese criminal law are all unable to “cut-through” the factual attribution objectively blaming the historical limitations of the “gap”, so the attribution judgment of the result of the actual crime cannot be solved by the philosophical path. It should be based on the factual attribution to enter the scope of hermeneutics, that is, first use the “Conditional Theory”, from the standpoint of ontology, affirm the factual causal relationship between behavior and result, and then draws on the lower rules such as “Dangerous Creation” and “regulate protection purpose” in objective imputation theory. Through regulated evaluation, the results can be attributed to the behavior of the conclusion.
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Cheng Chen PY - 2020 DA - 2020/01/07 TI - Research on the Mechanism of Unreasonable Objective Attribution BT - Proceedings of the 5th International Conference on Economics, Management, Law and Education (EMLE 2019) PB - Atlantis Press SP - 938 EP - 943 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.191225.179 DO - https://doi.org/10.2991/aebmr.k.191225.179 ID - Chen2020 ER -