Research On The Difficult Problems Of Negligent Dangerous Crime In Risk Society

In the risk society,the number of negligent crimes is increasing,and the traditional negligent crime theory has been unable to effectively deal with the new social risks.Facing the panic of the public and the great instability of individual behavior,the criminal law,as the last line of defense to maintain social stability,should actively respond.The theory of negligent dangerous crime,as one of the frontier theories in dealing with risk society,has also aroused extensive discussion in China.At the present stage,there is still no unified understanding about the establishment of negligent dangerous act in China,but it has become the basic trend of foreign legislation to criminalize negligent dangerous act.The establishment of negligent dangerous crime is in line with the fundamental purpose of criminal law to prevent crime,does not conflict with the traditional negligent crime theory,and is the renewal and development of the traditional negligent theory.The principle of trust,the allowed risk and the principle of modesty essentially restrict and restrict the punishment scope of negligent dangerous crime.If the actor abides by the duty of care,even if the public security is in serious danger,based on the principle of trust and the allowed risk,the actor should not be blamed by the criminal law.In addition,the establishment of negligent dangerous crime can cultivate the serious and rigorous working attitude of employees,and it is also one of the guarantee means to eliminate the potential risks in modern society.In fact,the "danger" in the criminal of negligence is "dangerous state",and the judgment of dangerous state is very important to the establishment of the criminal.The judgment of dangerous state should depend on the objective facts and take scientific standard as the judgment standard of dangerous state in the post judgment position.In addition,the criminal of negligence must be limited to the public safety field which is not specific to the life,health or public property of the majority of people,so as to prevent the unlimited expansion of the penalty scope.Objectively,the actor must carry out the behavior of serious violation of the duty of attention and put public security into a serious danger state.The subject of crime of the crime of the crime of the negligence risk crime should include the special subject and the general subject.The unit can also be regarded as the criminal subject of the crime of the dangerous crime of negligence under the necessary conditions which meet the provisions of the relevant laws.The analysis of subjective psychological state of the criminal of negligence risk mainly focuses on the behavior of the perpetrator’s mental attitude towards the serious dangerous state caused by his behavior,but cannot equate the knowledged criminal with the subjective psychology of the criminal.In China’s criminal law,there are legislations for negligent dangerous offenders.Under the influence of COVID-19,the crime of impairing the prevention and control of infectious diseases,the crime of obstructing the frontier health and quarantine,and the crime of impairing animal and plant quarantine and quarantine are all established.This paper holds that there is no space for the establishment of negligent dangerous crime.The interpretation of negligent dangerous crime in substantive law must be strictly defined,which can not be limited to the discussion of simple theory.The ultimate goal of theory is to serve practice.Therefore,the application and interpretation of negligent dangerous crime in judicial practice should be cautious.