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Rationality Analysis of the Negligent Dangerous Crimes System

Author: XieHuiXing
Tutor: WangZhiYuan
School: Jilin University
Course: Criminal Law
Keywords: Dangerous state the duty of care risk society the crime constitution
CLC: D924.11
Type: Master's thesis
Year: 2013
Downloads: 36
Quote: 0
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According to the traditional theory of criminal negligence, Cause actualinfringement of legal interests is a necessary condition for the establishment ofcriminal negligence. However, with the development of the society, Modern scienceand technology to improve social productivity enrich people’s material and culturallife at the same time, also makes the probability of danger occurrence of greatlyimproved.If dangerous industry practitioners in violation of relevant safety operationrules, Often put public safety at serious dangerous state. If there are no other factorsintervention, Let the dangerous state of development,Will eventually cause hugecasualties and property losses. In recent years, in the face of transportation,environmental protection, food security and other fields of social reality of negligentcrime rate are high, National criminal policy from negative punishment afterwardsgradually transformed into active prevention.As long as the actor is a serious breachof the duty of care and negligence put public safety at serious dangerous state, shallbe investigated for criminal responsibility, this is the negligent dangerous crimes.Although most countries including China have the negligent dangerous crimes inthe criminal law provisions, but the theoretical circle about the rationality of thenegligent dangerous crimes has been controversial. The purpose of this article is forthe rationality of this system carries on the detailed analysis and demonstration.Besides preface and conclusion as a whole is divided into seven parts: The first part isthe concept and characters of the negligent dangerous crimes. Based on severalrepresentative about the negligent dangerous crimes concept analysis, concluded thathe thinks the most precise definition of the negligent dangerous crimes, and accordingto this definition, to briefly describe the characteristics of the negligent dangerouscrimes. The second part is to introduce the theoretical circle both at home and abroadabout the rationality of the negligent dangerous crimes are controversial, which hastwo kinds of affirmation and negation said. The third part is based on the perspectiveof risk society demonstrates the rationality of the negligent dangerous crimes. The fourth part from the criminal subject, criminal object, subjective aspect and objectiveaspect detailed analysis of four perspectives negligent dangerous crimeconstitution.The fifth part, to enumerate the continental law system countries andAnglo-American law system countries the legislation about the negligent dangerouscrimes, and then through the comparison and analysis, found that similarities betweencountries legislation. Sixth part is the legislation about the negligent dangerouscrimes in our country, and compared with abroad, the negligent dangerous crimes inour country which existed defects and insufficiency in the legislation. The last part,the author on how to make up for the defect of the negligent dangerous crimeslegislation, perfecting the negligent dangerous crimes in our country puts forwardseveral Suggestions.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Crime
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