Research on the Mechanism of Unreasonable Objective Attribution

DOI

10.2991/aebmr.k.191225.179How to use a DOI?

Keywords

causality, objective attribution, risk creation, protection purpose

Abstract

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.

Copyright

© 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/).

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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  - 10.2991/aebmr.k.191225.179
ID  - Chen2020
ER  -