On The Setting Up Of Negligent Dangerous Offense

The Negligent Potential Damage Offense is the result ,which criminal theory to cope with the grim modern society's fault that the crime situation and the Criminal Law of the pre-intervention. But I think we will take more importance to research this theory in the future.Because it can lead a good influence to criminal legislation and the criminal law.So I think we shoud stady the Negligent Potential Damage Offense deeply.The dissertation include five parts as follow.The first part: The concept of the Negligent Potential Damage Offense and the theoretical disputes.In this part,firstly,the concept of the Negligent Potential Damage Offense is defined,on this basis analyse the fundamental propositions in academic circles of other countries and our country. Then,take the legislation stady of the Negligent Potential Damage Offense in other countries and our country.The second part: The basic values of the Negligent Potential Damage Offense.In this part,firstly,clear the basic meaning of HandlungsunwertandErfolgsunwert in criminal law,pointed out that existence of antagonism betweeen this two theory.Then,conduct a review of Erfolgsunwert,point out that the concept of legal interest lead Erfolgsunwert of a blurring of the distinction.Finally,authors will propose the implementation of the Handlungsunwert.This theory meet the need of the development of contemporary society.Implement its criminal law value-oriented have no obstacles.The third part: On the basis of value of the Criminal Law.In this part,firstly,to correct interprectation of the meaning of criminal justice, the permissible dangerous principle,and criminal humanity.On the way to take forward the establishment of the opinion to refute the Negligent Potential Damage Offense.Author believe the Negligent Potential Damage Offense can refect the establishment of criminal justice,not contradiction between the Negligent Potential Damage Offense and the permissible dangerous principle,and,embodiment of the ciminal code of humanity.The fourth part: On the basis of criminal punishment theory. This chapter from the retribution and utilitarian factors to examine the establishment of the Negligent Potential Damage Offense.Firt of all, the Negligent Potential Damage Offense act with social danger. Second,the Negligent Potential Damage Offense have general defense of punishment and priciple of individualization of punishment function.The fifth part:On the basis of criminal responsibility.Firstly,the subject of crime can be constituted by individual and unit,the subjective aspects of crime only can be constituted by fault. Secondly, The theory of expected possibility has great enlightening implication to conviction and sentencing of the Negligent Potential Damage Offense. Finally,I will study how to give the dental arrange of legislation for the Negligent Potential Damage Offense and give myself opinion on its legislation model.