在德国刑法学中,客观归属论能妥当地通用于故意犯和过失犯的见解已成为通说。虽然对于导入作为限制结果归责的客观归属论,日本主流意见的态度比较消极,但从一定的规范性基准来进行判断的客观归属论的思想,却可以在近年来日本判例中窥见端倪,尤其是在“注意规范的保护目的”、“被害人对危险的承担”、“基于中立行为的共犯”等问题上,有明显的客观归属理论倾向。 In German criminal jurisprudence, the objective theory of belonging can be properly used in the opinion of deliberate and negligent criminals. Although the attitude of Japan’s mainstream opinion is more negative for the introduction of the objective attribution theory imputed as the result of the restriction, the objective theory of attribution which is judged from a certain normative basis can be glimpsed into the Japanese jurisprudence in recent years, especially It is obvious that there is a clear tendency to objectively belong to such issues as “the protection of norms,” ​​“the commitment of victims to danger,” and “accomplices based on neutrality.”