A Study On The Cognization Of Delinquents Practice Behavior

Although there is no formal identification standard for negligent delinquents in the provisions of the Criminal Law,through the investigation of the legislative mode and legislative status of negligent delinquents in the criminal law,it can be found that our country essentially adopts the identification standard of "form + substance" for negligent delinquents.This standard also provides a clear direction for the choice of theoretical path and practical application of the negligent’s practice.Through the study of related negligent crime judgment,the existing problems in the practice determination of negligent crime mainly include the abstraction of the negligent crime execution behavior in the judgment fact determination,the formalization and predisposition of the negligent crime execution behavior determination.At present,the theoretical research on negligent crime of behavior standards are controversial,through the analysis of reasons for each theory view and practice the reality request,"negligent crime behavior specific said" because of its focus on negligent crime the cognizance of crime form and real standard,and to distinguish intentionally made with negligent crime and the illegal behavior,conform to the requirements of the law and practice of,It can provide reasonable solutions to the problems existing in the practice identification of our country and is more reasonable.However,due to the low level of categorization of formal identification standard and fuzzy substantive identification standard,the theory should be further perfected by referring to the beneficial experience of new negligence theory and objective imputation theory in German and Japanese criminal law theory.Through pre-regulating the distinction between non-criminal violation and criminal violation and standardizing the classification and stratification of the risk indication table,the negligent offenders can carry out the classification of behavior form identification standards.Combining the theory of risk creation and the purpose of paying attention to standard protection,the criterion for determining the substance of negligent behavior is realized.Will be negligent crime crime form identifying more typing,substantial degree of concrete more accurate theoretical specification that is applied to the practice,effectively solve the negligent crime behavior cognizance abstract,formal,front,to practice identifying provide tangible and operation idea,protect the legitimate rights and interests of the offender,We will ensure that every citizen feels fairness and justice in every judicial case.