Research On The Principle Of Reliance In Negligence Crime

The pirnciple of reliance as one of the important theory of criminal negligence isthe product and theoretical innovation of development of traditional negligence theoryunder the changes in modern society. The principle of reliance is important for theestablishment of cirminal negligence and the duty of care that is one of the key factorsof negligent crime cognizance and the cognizance of criminal responsibility.It hasimportant theoretical and practical significance, at the same time，occupied animportant position in the theory of criminal negligence.As many other theoires of cirminal law, the principle of reliance also belongs tothe”ofreign goods”，not only the research time is short and the depth is limited. Butthe matter of th’e theory for Chinas cirminal law theory or social devel’opment cant beunderestimated. This question mainly attempts from the reliance principle, applicablebackground, theory origin, the judicial practice in Germany and Japan in and thetheory aspects in China. This paper is divided into the following several aspects:On the background of the principle of reliance generated or produced, the authorroughly divided it into the social background and theoretical background.The socialbackground is the development of science and technology and refinement of socialdivision of labor. And the theory base is that the negligence theory experienced fromthe old negligence theory to new negligence theory and then the newest negligencetheory. And the pirnciple of reliance based on the theory of social due, the theory ofallowed dangers and the theory of dangers distribution, at the same time the authorthinks the reliance principle are based on them.About the application of the principle of trust law, the author mainly expounds inthree aspects with Germany and Japan as examples, the application of the principle ofreliance in the traiffc accident，the application of the principle of reliance in medicalnegligence and the application of the principle of reliance in supervisory negligence. At the same time, the principle of reliance is not only limited to the traiffc accidentatfer years of development, but also applicable to the medical negligence and thenegligence of supervision and mining industry, food industry, construction industryand many other dangerous areas, and it has become to the important theory tonegligence of risk industry in Germany and Japan and other countries.Finally, on the pirnciple of reliance in the application of China’s judicial practice,the author thinks that it has the condition to use the principle in relatively mature andperfect areas, such as transportation, health, construction industry. And with thedevelopment of society and the continuous improvement of technology, it will beapplied in more extensive ifelds. Of course，the principle of reliance is established tothe foundation of relationship of reliance, so the application occasions of the principleis specific.