Abstract：In practice, the traditional negligence examination mode developed after being deeply influenced by the old negligence theory. The new negligence theory and the revised old negligence theory in the Japanese doctrine is practiced. It is to objectively judge the causal relationship with a considerable causal relationship after serious consequences, and subjectively judge whether the perpetrator has the possibility of foreseeing it. Since this examination mode focuses on results and empirical judgment, it may lead to the results of guilt and subjective guilt, so the behavior imputation theory must be adopted to make normative judgments.In the negligent crime, the behavior imputation theory should be adopted rather than the result imputation theory that has swept the academic world. First of all, the theory of behavior imputation is consistent with the construction of negligent crime. The structure and characteristics of negligent crime determine that the focus of the lawlessness judgment of the negligent crime is on the behavior and the imputation should be carried out around the behavior. The imputation of negligent behavior must be judged substantively and normatively. Secondly, in the negligent crime, behavior imputation actually includes the judgment content of result imputation, and reasonably corrects the judgment perspective of result imputation. Finally, from a practical point of view, emphasizing the objective imputation in the lawlessness judgment of negligent crime, especially the behavior imputation, is conducive to preventing guilt and subjective guilt. The behavior imputation theory adopts the standard of ordinary people to make normative judgments, and integrates the criminal policy thinking of general prevention into lawlessness judgment. This can reasonably limit the establishment scope of lawlessness in negligence cases, including complex negligence cases with intervening factors.In addition to the innovation of topic selection, the thesis also has innovations in research paths and research viewpoints. On the research path, the distinction between behavior imputation and result imputation is abolished, and the judgment perspective and criteria for imputation are repositioned to the standard of ordinary people in behavior. It points out that the focus of the lawlessness judgment of the negligent crime is on the behavior, and the imputation should be carried out around the behavior. In terms of research point of view, the general theory holds that the same lawlessness evaluation standard is adopted in intentional and negligent crime, while this thesis establishes normative imputation for lawlessness evaluation standard in negligent crime, which is different from intentional crime. The thesis adopts the standard of ordinary people in advance to make a general judgment on the effectiveness of the norm, which provides a more convincing solution for the application of the theory of protective purpose of norm, and can also reasonably limit the establishment scope of lawlessness in negligence cases.
刘俊杰. 过失归责的路径选择：从传统审查模式到行为归责理论[J]. 浙江大学学报(人文社会科学版), 2023, 53(5): 79-93.
Liu Junjie. The Development of Negligence Imputation: From Traditional Examination Mode to the Behavior Imputation Theory. JOURNAL OF ZHEJIANG UNIVERSITY, 2023, 53(5): 79-93.
2023, Vol. 53 
