Abercrombie Deutschland,Objective and subjective p

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Objective and subjective principles of unity and meaning of the generation

【Abstract】 article in the Criminal Law of the principles of objective and subjective formation and meaning of unity made a more in-depth discussion of the principles that guide the generation directly from the subjective and objective theory of criminal law doctrine and eclectic defects, the theory is based on Marxist dialectical materialism, the principle is not only in the conviction, sentencing, execution guide the process, but for the entire criminal legislation, judicial and criminal law have played a fundamental role in guiding interpretation.
【Abstract】 fundamental research question
First, the principle of objective and subjective formation of the unity of subjective and objective preconditions precondition for the unity of principles that directly derived from the above objective and subjective doctrine of criminal law theory and the eclectic defects, it is objectivism and subjectivism Criminal Law one-sidedness and the eclectic theory of the instability theory of criminal law, so that the unity of subjective and objective principles and theories have emerged. Some scholars have pointed out that the bourgeoisie of criminal law theory has the unity of subjective and objective factors. In this regard, we do not deny, but that if the bourgeois criminal law theory and practice of unity of subjective and objective chance, as is the unity of objective and subjective principles of criminal law the same thing, is the irregularities. Chinese Criminal Law is a unity of objective and subjective conviction, sentencing and execution of all subjective and objective factors during the dialectic of the organic unity of the so-called bourgeois criminal law who has pointed out, One of the principle of unity is the value of the criminal law is to overcome the bourgeois objectivism For example, some textbooks in his discussion of this principle, said: theory of subjectivism and objectivism convicted of two one-sided theory of negation. subjective imputation of crime and subjective meaning of the basic requirements established as a crime, the personal danger, antisocial personality, motives and other subjective factors, as identified crime and the standards applicable penalties. as to whether the implementation of the act that endangers society, whether the conduct resulted in harmful consequences to society, behavior and results and the defendant whether the contact between the subjective state of mind, did not affect the establishment of a crime. and objective imputation objective and Objectivism put the actual harm occurred as the basic elements of a crime that occurred as long as there is harmful behavior or the results of the hazard, it should be investigated for criminal responsibility of perpetrators, as the implementation of his or her behavior and the resulting behavior As a result, whether subjective understanding, you can not ask. and subjective blame, blame objectivism as the same meaning and the objective to use. Should be said that this understanding is one-sided. Criminal Law of the bourgeoisie by the aforementioned theory and school visits we should be clear, is not equal to the subjective theory of subjective blame, the objective theory does not mean that the objective imputation. The reason is: First, in the early classical school where, despite no criminal judicial practice constitutes a theory as the guiding principle, and the theory of the conviction and sentencing of criminal behavior and focus on results,[link widoczny dla zalogowanych], and give the appearance of an objective blame, However,[link widoczny dla zalogowanych], the mere assertion that it is the objective of this point blame, do not meet the historical facts. In fact, the theory of pre-classical school premise that everyone has equal free will,[link widoczny dla zalogowanych], and they are firmly believed in, so that the conviction and sentencing are not required to face the perpetrator's subjective judgments and further consideration, in other words, harm behavior and the presence or absence and size of the result, completely vicious and behavior consistent with human subjective, so long as the identification of the perpetrator of harmful behavior and the results were equivalent to the subjective identification of malignant behavior, the perpetrator of the harm caused to society size, with or without also becomes clear. At the same time, they also believe that the law can not regulate people's inner thoughts, only moral regulation of the human mind can. Therefore, it is not necessary to conduct subjective side to conduct investigations. To the latter part of the classical school, the objective is more systematic and complete theory. Under the guidance of the principle of legality, to determine the standard of crime - crime, constitutes a theory to be formed and gradually improved, although it constitutes a crime, constitutes a theory and theories of crime have a significant difference, the specific performance of Elements of compliance, illegality and three progressive levels of accountability, the establishment of three of the conditions is a crime in which the constituent elements is the establishment of an element of a crime, an act only if it has these three conditions, before the establishment of crime. Obviously, these three conditions in both the objective conditions and subjective conditions. Thus, pre-and post-classical school of classical school in the time of the crime are found the combination of subjective and objective, rather than objective blame; Second, despite the subjective theory of the tentacles of people turn to crime, that criminal liability is based on the behavior of who repeatedly commit the crime of dangerousness, that behavior to sign the table. In addition, the subjectivist generally accepted theory constitute a crime,[link widoczny dla zalogowanych], so the blame can not be subjective. So,[link widoczny dla zalogowanych], the argument based on the principles of objective and subjective unity of what exactly is it? This issue, some scholars have pointed out that One aspect of the subjective or objective methodology to deny another aspect of the error, but in order to avoid subjectivism and objectivism subjective factors in the treatment of crime and the objective factors on the relationship between epistemological error. crime subjective and objective factors, both with each other interdependence and unity in one, and can exist in isolation from each other. But subjectivism and objectivism in addressing the relationship between subjective and objective can only see the relationship between the two in one aspect of the interdependence between both the neglect of separation of the state alone, one of the areas identified that must mean that another aspect to the existence of, and in fact these two aspects are not necessarily inextricably linked. subjective and objective uniform principles, based on subjective factors and objective crime factors may be separated between the objective truth exists, emphasizing the person of criminal responsibility in resolving the issue of crime must be considered objective factors and subjective factors, and note whether the two being united in crime, whether internal consistency. This prevents subjective factors in the crime and the objective factors that the state of phase separation is only one aspect investigated for criminal responsibility according to the error, so that the actual criminal accountability more reasonable. The. Because the principle of the unity of the theoretical basis of subjective and objective is to overcome and correct is subjectivism and objectivism are not properly understand and grasp the objective and subjective factors in the dialectical relationship between criminal, rather than the so-called subjective and objective theory of subjective Incrimination and the fact that the objective blame, as noted above, this fact does not exist. However, the principle of the unity of objective and subjective and objective and subjective blame blame is indeed incompatible, the implementation and the implementation of this principle can be blamed to prevent and eliminate the subjective and objective incidence of blame. This is also the reason why the principle of unity of subjective and objective to be the basic principle of criminal law an important reason for its scientific and practical value lies. If the commentators made again, based on the generated.

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