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The Study of Criminal Behavior with Negligence

Author: FanLei
Tutor: HanZhe
School: China Youth Political College
Course: Criminal Law
Keywords: criminal behavior with negligence objective imputation theory the dangerous not beallowed Judicial criterion
CLC: D914
Type: Master's thesis
Year: 2012
Downloads: 125
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Abstract


In Germany,Japan as the representative of the criminal law in the continental law system inthe academic field,along with the elements of negligence by the simple responsibility of illegalelements as well as on the development of constitutive elements of negligence, criminal behavior withnegligence concept from being negative to being positive, eventually won recognition of the academiccommunity. However, for nature of criminal behavior with negligence is a breach of the duty of care ora risk of causing substantial, there is still no consensus, Influence of the affirmance of negligent crimes,then affects the negligent crime punishment scope control. The German Roxin professor of the objectiveimputation theory, has been developed to be a behavior illegal theory, which defines criminal behaviorwith negligence as risks cereated but not allowed by law, and provides the specific criteria to judgethese dangers, be worth us to draw lessons from.China’s criminal law field for the criminal behavior with negligence only stay in the subjectivelevel for a long time, research has not expanded in-depth objective in recent years, scholars concernedabout the negligent act aimed, but the criminal behavior with negligence of the implementation of thejudgment of the Judicial both are not very clear duty of care or a substantial risk criteria and inaccordance with the legitimacy of the basis can not be attributable to, and led to the judges too muchdiscretion. This paper is divided into five parts, the first part is an introduction to briefly explain thepurpose and significance of this study. The second part of the theoretical study of the civil law on thecriminal behavior with negligence of the sort and comment, focusing on the criminal behavior withnegligence under the objective imputation theory implement the behavioral concept. The third sectiondescribes the status quo of China’s criminal behavior with negligence research in theory, summed up thenature and definition of the criminal behavior with negligence of the Criminal Law. The fourth part isthe focus of this article, theoretical changes in the judgment of the criminal behavior with negligence toimplement on the basis of the analysis and assessment under this article refer to the objective imputationtheory of Professor Loxin, Create the Chinese criminal law criminal behavior with negligence judicialjudgement standard.The last part pay attention to the point of time for criminal behavior with negligence,and a number of contributory negligence coexist for analysis is determined.

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