On Trust Principle In Criminal Law

The "Trust Principle" in criminal law stipulates that in the light of trust spirit the conductor is freed from liability when the traffic parties who should assume appropriate action toward the other participants but fail to do so due to the inappropriate reaction from the others. This principle, as a definite result of theory conforming the shift of world, is an important theory originating from years' handling traffic accidents in German and Japanese and gaining theoretical and practical examination to determine the unpremeditated responsibility or not. To date, this principle has gone beyond the sphere of traffic accident and is permeating medical, food, pharmaceutical and constructive industry.This paper believes that most prominent strength of Trust Principle is to assign responsibility under complex interpersonal relationship and further, to establish the social responsibility and mutual sense of duty to effectively prevent occurrence of unpremeditated crime. Even when the crime is inevitable, the respective responsibility can be divided clearly.This paper involves three parts:Chapter one. After explaining and reviewing the theories in Germany, Japanese and Taiwan, I introduce the backgrounds, cases, theoretical history and hot issues of Trust Principle.Chapter two. This chapter is the most important and innovative part. With the intention of freeing from legal sphere, I make attempt to explore the essence of Trust Principle. Hinging on my analysis, I point out the spirit of trust is the basic principle of human life whose essence depends on the coordinated action among people.Beyond that, I construct the content of Trust Principle and reveal the crucial significances of it: Depending trust spirit and consummating the division of social labor, establishment of responsible system in accordance with reality. In the meanwhile, I also point out the shortcoming of this theory and come up with my suggestions to prevent such shortcomings. At last, I assure that Trust Principle can become the general principle guiding acknowledgment of crime.Chapter three. It's also an innovative part that I believe Trust Principle can be used to engage comparative analysis. In comparing the situation of Chinese reality with other countries', I demonstrate the possibility this principle can be utilized to China.