Approach To The Principle Of Reliance In Criminal Law

This dissertation, after analyzing social historical terms of the principle of reliance, in order to seek to social background of the principle of reliance and analyses theoretical foundation of the principle of reliance at the same time , structures the theoretical foundation of the principle of reliance on the basis of appraising all sorts of schools .Through an analysis of this system , pays close attention how the principle of reliance influences the distribution of care obligation to limit or deny the actor's attention obligation, thus achieve the goal of getting rid of actor's liability for negligence , and change the criminal law theory。 Except for the introduction, The dissertation consists of 7 chapters, with about 160,000 words .In the introduction, the author makes a concrete analysis of the puzzlements of application of the principle of reliance ,and proves enormous social utility in the current society, Point out: Through the cultivation of relevant systems , the principle of reliance in our country has a deep legal principle basis and a good humanism foundation too Because of the principle of reliance is a foundation of the modern society , so it should not merely be carried out in the transportation, so long as other field of relations and cooperation exists ,Chapter 1 is about social historical background .the author introduces influence on the principle of reliance which the development of Hi-Tech, exquisiteness of human life and change of criminal law have made. Point out: the principle of reliance as a kind of criminal law theories produced by development Hi-Tech and exquisiteness of human life. Because the development of science and technology and exquisiteness of human life, have caused the human sense of responsibility and trust heart, and have produced the principle of reliance instructing the rule of the human behavior as for as the principle of reliance is concerned, it advocates not only paying attention to law benefit but also the branch of ethics of the behavior.Chapter 2 is about the theoretical foundation of the principle of reliance. the author concretely expound social permitting theory , reasonable danger theory andassigned danger theory for the principle of reliance .and the relationships among them. The social permitting theory is the background of justification of the principle of reliance, reasonable danger theory and danger assigned help to understand the cause of the development of the principle of reliance so ,the theoretical foundation of the principle of reliance is not single , but the plural one , namely '"one body, two wings" theory.Chapter 3 is about the principle or reliance and changes of criminal jurisprudence The author makes a concrete analysis of changes of the system of criminal science caused by the principle of reliance, and how the principle of reliance influences care obligation to denying liability for negligence .The principle of reliance as a cause of substantive justification, it pays close attention to not in possibility of predicting, but in taking reasonable measures to avoiding dander when facing dangerChapter 4 is about the fundamental rule of Application and function of the principle of reliance. After the fundamental rule of the principle of reliance in foreign countries, puts forward it consists of objective and subjective conditions, the subjective conditions consists of existence of reliance and judgement of reasonable reliance The objective conditions is the prerequisite of the subjective conditions. The functions of the principle of reliance can be divided into concretely: the function of relaxing negligence; the function of preventing danger ; the function of establishing loyalty to law; the function of establishing of traffic ethics and the function of promoting modern civilization.Chapter 5 is about the application of the principle of reliance in transportation. The author expounds subjective and objective conditions and limitations of the application of the principle in transportation, the fact concretely that trusts principle suitable terms and restriction in the field of communication The objective conditions are follows : transportation is essential part of modern social life, improvement of transportation environment; improvement of traffic safety and traffic ethic .The subjective conditions consists of existence of reliance and judgement of reasonable. Its limiting conditions are: When the actor violates the traffic regulations by itself; When being apt to predict the behavior that the other side violates the traffic regulations; Because the road or other states can predict frequency happen in thetraffic accident when being higher ; The other side is when children , old man or health deformity person have no guardian to accompany ; When the actor has abundant time to prevent the result from happening.Chapter 6 is about the application of the principle of reliance in medical negligence. The author analyses the conditions and limitations of the application of the principle of reliance in medical negligence, basing on exploring the medical behavior and medical negligence, and explains the application of the principle of reliance in medical negligence in detail. The author advocates that the relationship of reliance not merely exists between medical personnel and patient, but also exists with the medical personnel of the sense of organization too, the two have a difference in trusting the applicable conditions of the principle of reliance.Chapter 7 is about the application of the principle of reliance in supervisory negligence.. The author maintains the theory of broad supervisory negligence on the basis of concept of supervisory negligence. The supervisory is divided into supervisory on person and management or control over thing. Here occasion of supervision on people, pay attention to if supervisor fulfil one's own scope of offical duty; The occasion of supervising to the thing , if it sets up safe system and measures for preventing security of the danger to depend on actors, train and prevent from the dangerous skill not to go on the reasonable arrangement to select staff, namely has dispelled the risk framework in the system or the equipment...