The Commentary Of The Principle Of Trust

The principle of trust occupies an important position in the criminal negligence theory.Itis an inevitable outcome that the traditional criminal negligence theory adapts thechanging real life.The principle of trust has an important theoretical and practicalsignificance in determining the criminal negligence and investigating the criminal liabilityof the negligence offender.As a typical principle of distribution of the duty of care,theprinciple of trust has produced by the emotion of trust among people,common sense ofresponsibility and the sense of social involvement.Since all of people have lived in thesociety,the duty of care can't be imposed on someone in order to keep the order ofsociety, furthermore,people should trust each other.Foreign scholars have studied the principle of trust for many years,while our scholarshave less study.On the base of reasonable definition on the principle of trust,the authorwants to expound the general idea of the principle of trust, and pays emphasis on thetheoretical and the practical significance of the principle of trust.There are 43 thousandwords in all, including footnote about 5 thousand words.The practical base of the principle of trust is that danger which violates the interests ofperson and public is more and more,with the development of high technology.For thesake of the whole progress of society,we can't prohibit such dangerous behavior.And thetheoretical base of the principle of trust is the development of the criminal negligencetheory.On the base of the theory of standard responsibility,and on the premise oftolerable risks and the principle of trust,the new negligence theory believes that 4negligence is the factor of illegitimacy.The theoretical sources of the principle of trust are tolerable risks and the principle ofdistribution of danger.The principle of trust and tolerable risks are interlinked in thepermission of appropriate danger;and the principle of trust is showing no difference withthe principle of distribution of danger in reducing the duty of care.In Common Law,theprinciple of trust is considered to be the principle of eliminating illegitimacy,and isconsidered to be the principle of prescribing negligence in our crime form system.Aboutthe foundation of permission,there are two standpoints: negating the possibility offoresight,negating the duty of care.Our scholars think that people should foresee thepossibility of danger,just because applying the principle of trust,the drivers are relievedfrom the duty of care in view of trust. Because the duty of foresight is the premise of theduty of dodging the result,people have not the duty of foresight, nor the duty of dodgingthe result.We should pay attention on the point about illegitimacy that it seems that theprinciple of trust fits "Handlungsunwert", in fact,it fits "Erfolgsunwert".Concerningthe using scope of the principle of trust,we think that the principle of trust can be using inthe field of "joining in common effort to prevent danger ", while the scope should beprescribed in the rational range.About the using of the principle of trust in judicial practice, the author has expoundedfrom 3 aspects:the principle of trust and transportation accident,the principle of trust andmedical treatment negligence,the principle of trust and supervisor negligence.In theprinciple of trust and transportation accident,the author has compared the using of theprinciple in China and in Japan,thinks that we should use others' experiences,such asimproving the insurance,carrying out the social safeguard of infringement of right,etc.Inthe organized system model of the using of principle,on one hand, the personal duty ofcare should be rationally prescribed,on the other hand,the entire duty of care should be 5rationally prescribed in everyone in organization.In medical treatment system, there aredoctors and other assistants.The...