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On Potential Damage Offense

Author: ZhaoLin
Tutor: ZhangLing
School: China University of Political Science
Course: Criminal Law
Keywords: Potential Damage Fault Danger Behavior worthless Results worthless
CLC: D914
Type: Master's thesis
Year: 2006
Downloads: 357
Quote: 5
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Abstract


The so-called crime of negligence should have foreseen that their behavior may occur harmful consequences to society, because of the negligence did not foresee, or have been able to avoid predictable and gullible, so as to cause this behavior. Traditional negligence theory is that the fault of crime is worthless, and that penalties for criminal negligence caused harm results, negligence guilty provisions as a result of committing. The so-called Dangerous Criminals in civil law criminal law theory is the behavior of its constituent elements do not need to infringe on the legal interests, but there is a risk of abuse that has reached the crime. [1] Potential Damage in the pass said the acts committed, merely an intentional crime Accomplished morphology. However, due to the continuous development of society, science and technology progress, the increasing complexity of production and living activities, implied in people's behavior will be increasing the risk of a serious threat to people's lives, health and security of major public and private property. Many countries in the criminal legislation will not result in actual material damage but may be enough to cause such damage, wrongful acts defined as criminal, called Potential Damage Offense. In this regard, China 刑法理论界 different opinions in criminal theory needs further research of negligence committed and Dangerous Criminals, a relatively uniform conclusion. This paper will discusses the following aspects of Negligent Dangerous: The first part of this paper describes the status of the criminal law scholars at home and abroad Negligent Dangerous kept one end of the affirmation and negation that generalization is the argument of this article laid the theoretical basis and Refuting the object. The second part of this paper, respectively, from the practical and theoretical perspectives expounded the necessity and reasonableness of the establishment of Potential Damage Offense, that the social security function of the criminal law as the theoretical basis of the negligence of Perilous requires us to use of the the penalty means of safeguarding the public interests of society, prevention The gross negligence crime occurred; Negligent Dangerous is not contrary to the results worthless traditional negligence theory, while the the Modesty principles of criminal law and allowed the dangerous principle does not, in essence, to deny the existence of the Potential Damage foundation. This section mainly use Refuting the writing style immediately after the first break, and demonstrate the reasonableness of the negligence of Perilous. The third part of this article in order to strengthen the Potential Damage of empirical research, and then discuss the establishment of the feasibility of the negligence of Perilous Potential Damage Offense legislation both at home and abroad to be examined and expand the Comparative Study of Potential Damage legislation also relatively backward, should The perfect combination of China's actual situation as soon as possible on the basis of reasonable kernel absorb foreign legislation.

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