Theoretical Study Of Basic Criminal Misstep

At the economic and technological society is not yet developed, the technological level of society is lower, production easy way of life, less crime criminal negligence, with the development of modern society, due to no fault of significant harm caused to society is not only a substantial increase in the phenomenon, and the degree of harm is very serious. Modern society the source of so many dangerous, criminal misstep in the conduct of the subjective attitude of people is a problem should be studied in depth. Article 15 of China's Criminal Law stipulates that "should the foreseeable acts of their own against the possible occurrence of the outcome of society, because negligence and did not foresee, or have been able to avoid predictable and gullible, so this result is criminal negligence." Not because of China's Criminal Law of criminal negligence to make clear that negligence cause of crime in that many of the problems encountered, the academic world is also divided longitudinal Say fail to reach consensus, such as the concept of criminal negligence should be defined? What is Criminal nature of the fault? Article 15 of the Penal Code provision is perfect and so on. At the conclusion of this paper, through on the base of summing up the researched achievements by the scholars at home and abroad ,doing an analysis on the problems such as o the basis of criminal negligence on the legislative model, the nature of the fault, the constituent elements, as well as negates the subject of research, to the concept of criminal negligence perfect.This article about more than 30,000 words, on the structure is divided into five sections.Partâ… : the concept of criminal misstep. The introduction of some of the major domesticand international legislation regarding criminal misstep definition of model and theory, andcritical analysis. In the modern world the concept of criminal law regarding the provisions ofcriminal misstep German and Japanese model , major models, implicit models, specific models, four types of composite models, the Chinese Criminal Code by the impact of the former Soviet Union, is the implicit model. Have their own advantages and disadvantages of four models, a clear pattern of comparison and because of its complex pattern of criminal negligence have been clearly defined, easy to understand, there is help to guide practice, so some more scientific. About the concept of criminal misstep doctrine recognize any foreign principal, said the results of neglect and to avoid. China says that the crime is the fault of their own behavior should be predictable happened probably a result of danger to society because of negligence and did not foresee, or have been met and be able to rely on the mental attitude to avoid. Qualcomm said that the unreasonableness of the major says is obviously, and many of its scholars questioned.Partâ…¡: the nature of criminal misstep. About the nature of criminal misstep, there is mainly the result of foreign academics and behavior no value Says. China says the current academic world is a violation of duty of care that says I think is open to question. First of all, "duty of care" is an empty concept of practical significance; Secondly, breach of duty of care is neither a common fault of crime is not his personality; again, the said negligence and crime does not match the content of theoretical research; Fourth, watch the process from the psychological, the nature of criminal negligence rather than breach of duty of care; Finally, says the meaning of duty of care do not meet the subjective element of fault property. The author believes that the nature of criminal negligence should be the ability to have foreseen the foreseeable breach of obligation, which can reveal not only the common fault of crime and personality, and conducive to the maintenance of modern criminal law advocated by the principle of duty.Partâ…¢: the structure of criminal misstep. The part of scholars at home and abroad by analyzing the structure of criminal negligence theory, combined with the nature of the fault, come to the constituent elements of criminal negligence, including the possibility of unlawful sexual awareness, the capacity of the foreseeable and anticipated obligations. And further analysis of the foreseeable obligations are a legal obligation, which includes crime and illegal elements of truth, and in the foreseeable extent on concrete results should be said that for the foreseeable obligations should adhere to the criteria of general and objective criteria, ability to foresee the use of objective criteria should be. Ability to anticipate contact with both predictable and obligations different from the capacity of people have predicted may not have foreseen some obligations, and obligations of people have predicted under certain conditions may not have the ability to foresee.Partâ…£: Subject negates criminal misstep- the principle of trust. Principle is allowed to rely on the risk of dangerous theory and the theory of distribution of the basic set up. Be able to rely on the principle of criminal negligence negates the general has no objection, however, negates such as negates the duty has also negates or illegal, constitute elements of negates scholars divided opinion. I think the principle of trust is to act in accordance with the obligations foreseen in the exclusion of people and my country now have the conditions for the introduction of the principles of trust, it is proposed to introduce legislation to general principles of our criminal law.Partâ…¤: the concept of our country to improve criminal misstep. Through the four parts of this paper, the above-mentioned criminal negligence on the nature of structure and rule out the introduction of elements of the analysis is not difficult to find fault in our country's legislation on crime was too mechanical, but also a reflection of "the results of the Penal Code departmentalism negative thought." The authors suggest that the concept of criminal negligence expressed as: anticipate their behavior should be possible to happen against the law, the elements of truth, because of carelessness or over-confidence and mental attitude is not foreseeable. The corresponding Article 15 of the Criminal Code should be amended to read: "It should be predictable their behavior may occur against the law, the elements of truth, or because of negligence and did not foresee too much confidence, so that the truth is negligence. Negligence , the law has provided is the fault of crime; criminal negligence should be held criminally responsible."...