Social Sciences in China (Chinese Edition)

No. 7, 2025

The Modern Transformation of Criminal Imputation in the Context of Social Governance

(Abstract)

Chen Xuan

The prevailing model of criminal imputation in continental law—prioritizing “dominion” over “obligation”—remains constrained by naturalistic mindset and lacks substantive alignment with the pressing needs of social governance. It also suffers from theoretical superficiality and fragmentation. A modern transformation of this model requires considering obligation as the foundation of imputation. What determines the form that imputation takes is not mere factual occurrence, but the type of obligation involved—such as the obligation to avoid creating risks, the duty to provide care, or the responsibility to maintain essential capacities. On this basis, one can redefine the normative content of “avoidance capability,” establish substantive criteria for gradated imputation standards, and reform the attribution model for accomplice liability to respond to new organizational forms and technological conditions. To meet the demands of contemporary social governance, imputation must shift from a focus on outcomes to an emphasis on conduct. It should also broaden its analytical horizon to encompass the integral legal order, drawing on the normal functioning of social subsystems, appropriate state intervention, and evolving cultural norms to define the content and scope of legal obligations in a rational manner.