On Trust Principle In Criminal Law

After the second industrial revolution, the science and technology make a rapiddevelopment. Industrial development began to use electric power，oil as power. Steel,machinery manufacturing, metallurgy industry, chemical industry, transportation industry andother industries had been developed by leaps and bounds. With science and technology onhuman life level greatly improving, the negative effects also came at the same time. Thetraffic accidents which was harmful to the society had greatly increased. In order to make theindustry healthy, there needed to be a reasonable theory to limit these dangerous industries.Under this background, the trust principle had been raised.Trust principle was firstly applicated in German courts to traffic negligence in1935, andwas widely applied to many fields of the society. After the trust principle applied in Germany,Japan, Switzerland, and China’s Taiwan and other countries and regions have established anddeveloped successively. Trust principle has been widely used not only in the field oftransportation, but also in the field of medical negligence, supervision negligence, showing astrong vitality.Based on the social background of trust principle as a starting point, this paper analyzesthe whole process of trust principle from emergence to development to the mature in manycountries, expounds the value of trust principle, and explains that the trust principle is a veryimportant principle for human development.Trust principle is based on the evolving negligence theory, and with social due theory,allowed risk theory and risk distribution theory as the basic theory, it has become to be animportant theory to limit the scope of criminal negligence.Trust principle has been widely used in many areas abroad, and in many countries trustprinciple has been risen to the height of the law, established in the form of law officially. Butin our country, in addition to trust principles applicable in the field of traffic negligenceinvolved, there are few research on the trust principle in other areas.This paper aims to rely on the related principle to explore whether the trust principle can be applied in traffic negligence field, medical negligence field and supervision negligence andhow to apply the specific issues.The full paper is divided into four parts.One, introduction. Introduction part introduces the research significance of the trustprinciple. Through the study on foreign trust principle,this article introduces that Chinesescholars’ research achievement of the trust principle. Through the comparison of researchachievements at home and abroad, this paper sums up the lack of trust principle research inthe theoretical circle in our country, and puts forward some hopes to achieve the goal of thisarticle research institute.Two,Trust principle’s produce and its value. Through the introduction of the socialbackground of trust principle,this part points out the science and technology has the potentialto affect the progress of human society. Then explain the emergence, development and matureof trust principle is closely related to science and technology. In addition, this part introducesthe value of trust principle to show that trust principle in the field of traffic, medicalnegligence, supervision negligence has positive significance to limit criminal negligence.Three, the related theoretical analysis of trust principle. It is because the evolvingnegligence theory that hasten trust principle on the stage in the field of negligence. This partbased on the negligence theory to comb and summarize its evolution process, so as tounderstand the trust principle theory better. Trust principle theory is the basis of social duetheory, allowed risk theory and risk distribution theory. These theories reflect the goal ofcriminal law and narrow the scope of criminal negligence to a certain extent, which isconducive to a more reasonable allocation of criminal responsibilityFour, trust principle’s application in the judicial practice. This part focuses on thepractical application and discusses whether the trust principle can be applied in the field oftraffic negligence, medical negligence, supervision negligence and how to apply in detail. Inthe field of traffic negligence, firstly propose several kinds of point of view about trustprinciple’s application in our country and on this basis put forward my own views, then putforward the trust principle’s applicable conditions and limitations, and further expounds howto apply the trust principle in the field of traffic negligence to achieve the unity of theory and practice. Also, in the fields of medical negligence and supervision negligence, the applicationof the trust principle is expounded at the same train of thought.