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Study On The Results Predicted Obligations Of Criminal Negligence

Posted on:2016-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:W R FangFull Text:PDF
GTID:2296330470464860Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of science, technology,and the progress of the society,the dangers of criminal negligence in the general social life are more and more prominent, so the study of criminal negligence and the more important and urgent.It is generally believed that the core of criminal negligence is negligence crime.The results predicted obligation is an important content of criminal negligence.To study for promoting the development of the theory of criminal negligence and even the whole criminal law theory has a very important role in the development. The position of“results predicted obligation” in the criminal negligence is controversial and even there is no conclusive so far.About the nature of criminal negligence,Some theorists think it is the obligation of predicting result,and other think it is obligation of avoidable result or both.As a matter of fact,whether overconfident negligence or careless mistakes are the result of the harm did not foresee.Thus the results predicted obligation is basic feature of criminal negligence.Results in the criminal negligence as actor must foresee an obligation of responsibility, must have a reasonable premise.After comprehensive study on academic,the writer thinks that”Results predicted obligations have legal norms class demand, the scope of also has the legal standard class requirements.”As a kind of obligation,the results predicted obligation,the offender must perform their responsibilities.So we must examine the offender foresees ability.On the theory of behavior person foresee ability, that there are many theories, and respectively according to different standards are analyzed, but more or less have some shortcomings. Therefore we must be confident study to draw the right conclusions.As an important part of criminal negligence, only clear the results predicted obligation connotation, more clear results predicted obligation source, more clear results predicted compulsory judgment standard, in order to better guide judicial practice, and promote the development of theory of criminal law.
Keywords/Search Tags:Criminal negligence, The obligations of results predicted, Status, Ability of predict, Result
PDF Full Text Request
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