Study On Involuntary Dangerous Crime

In modern society, with the development of industry and technology. As the theory of act and an-act in physical ,many involuntary dangerous actions make public safety and important interests in danger. For protecting some serious interests, people believe that we penalize the involuntary dangerous before these actions have led to harm result. As these actions have thread some interests, scholars named the crime form actions above "crime of involuntary dangerous action" On the surface the idea that we regard the involuntary actions as crime is against the key principle of restraint of criminal law.However,if e compare with other principle of criminal law. Such as protecting human right control crime ,etc.we can know this is a result of balance. As we know, it is emphasized that as Herzog said, not the real harmful result, but the valueless action for prevent some dangerous actions. For protecting some key interests by law ,the crime of involuntary dangerous act has been embodied in many state's criminal law. And the scholar has attached less importance to research theory of crime of involuntary dangerous act. but I think that scholar will take more importance to research the theory now and in the future. As Lackner said, the research of crime of dangerous act has become the pet of the criminal hermeneutic form the unimportant part, think the research to theory of involuntary act will be as the research of the theory of crime of dangerous act.In our country, influenced by Civil law and Soviet, crime of involuntary act has been situated in china's crime law. But the scholars pay less attention to the theme. By the development of science and technology .more and more involuntary dangerous actions have been in our life. And many state's crime code has regarded involuntary dangerous actions as criminal actions. However as an exotic the theory of crime of involuntary dangerous act has a dramatically native process, so scholars have not a well-rounded the theory about involuntary dangerous act. For example, we have no unanimous cognition about the concept of the crime of involuntary dangerous act. Which lead a bad influence to the legislation and judicial practice on the crime of involuntary dangerous act. so, I think we should study the crime of involuntary dangerous act deeply, this essay is an attemptThe essay will include five parts. Firstly, I will introduce the development of the crime of involuntary act. In the part, I will introduce the China's and Civil law's history of the crime of involuntary act; Scondenly, I will study the essential theory of the crime of involuntary act. In the part, I will introduce three theories of the crime of involuntary act. these are the theory of past crime of involuntary act the theory of crime of involuntary act and the super theory of crime of involuntary act. The crime of involuntary dangerous act that I study is base on the theory of super involuntary; thirdly I will study the criminal of involuntary dangerous act, in the part ,I will give four ideas to support to my opinion .for the four part, I will give myself definition of The crime of involuntary dangerous act and its characters. Finally I will study how to give the dental arrange of legislation for the crime of involuntary dangerous act and give myself opinion on its legislation model.