The Imputation Theory Of Negligent Crime In Our Country

The development of theory of the negligent crime has gone through a long journey,and there is a tendency to refine the criteria for imputation.For the differences in the imputation of negligent crime,there are mainly different theoretical views of the old negligence theory,the new negligence theory,the modified old negligence theory,and the super-new negligence theory.In recent years,with the introduction of the objective imputation theory,the call for the comprehensive reform of the theory of imputation of negligent crime with the objective imputation theory has also been heard.To improve the theory of imputation of negligent crime in our country and its application,we must analyze different theoretical viewpoints in light of the specific conditions of our country,and demonstrate a path of imputation that conforms to the state of judicial practice in our country and takes into account the protection of legal interests and the protection of human rights.This paper first takes the historical evolution of the negligence crime theory as the starting point,reviews the succession and development of the negligence crime theory in China,and analyzes the main judgment criteria and core elements of the imputation of negligence by comparing the specific differences of different negligence theories.At the same time,by reviewing the theory and practice of negligent crime imputation in China,it is analyzed that in theory,there is a lack of substantive judgment standards in the traditional theory of negligence for fault in China,and the comprehensive reform of the theory of negligent crime by objective imputation theory may lead to the dilemma of challenging the system of traditional crimes;In practice,there is a tendency to expand the punishment for negligent crime under the liability for results,and the dilemma of expanding the results of legal interest infringement.After that,this paper puts forward the idea of improving the imputation of negligent crime in China by drawing on the method of objective imputation theory,taking the new theory of negligence as the main line,and puts forward specific suggestions for clarifying the constituent elements of negligent crime,stereotyping the conduct of negligent crime,and perfecting the types of negligent imputation.Finally,this paper analyzes and summarizes the theoretical viewpoints put forward with the practice in judicial practice,and puts forward the specific application standards of the improved theory of imputation of negligent crime.