The Research Of Trust Principle In Criminal Law

To begin with the Risk society, this paper introduce the backgrounds like technological and economics development of modern society of Trust principle, which also affected by the risk of facing human society .I analyze the theory's history of production and development detailed. Concluded the location of the theory in the criminal justice system by the way of comparative study on the criminal negligence theory. Then the article concluding the theory of allowed dangers, the theory of dangers distribution, and the theory of social due which all these constitute the Trust principle. As a part of the new criminal negligence theory ,the Trust principle aslo have value choice and functions of itself. Therefore, the paper extended the promotin in society on foucus its function of share the duty of care and narrow the range of the established fault.The trust principle have importante meaning in dealing with the traffic accident and negligent supervision, thus the paper discuss the applicable conditions of the theory and whether it can be introduced into china.This paper involves four parts except the introduction.Chapter one. The overview of the Trust principle. this part delimit the principle and deeper the meaning of it by reviewing the theories in Germany and Japanese. I inteoduce the backgrounds, cases, theoretical history of the Trust principle, point out the technology and the division of labor are the basis of the theory. Analysis and discuss the function of it.Chapter two. The foundation of the Trust principle. It established and developed in the background when the new criminal negligence theory originated from the traditional one.Then i discussed the relationship among the four theories which are theory of allowed dangers, the theory of dangers distribution, and the theory of social due, at the same time i think the trust principle are based on them.Chapter three. The position of the trust principle. As a standard of limit the responsibility of notice, the principle have its position in theory of criminal negligence. This chapter synthesize some scholars'view and explan the location of the Trust principle specific.I think there exist the possibility of foresee in nature instead of in criminal law .Therefore this kind of possobility of foresee are not worth be claimed from criminal law.Chapter four.The application of Trust principle. Because of the theory was produced in transportation, this part discussed the subjective conditions and the objective conditions which are necessary in transportation when the principle be appliance. Based on these i analyze the possibility of its appliance in chinese transportation. At last this chapter sum up the diffrent theories of many scholars and present the ideas that the Trust principle can also be used in other areas like medical negligence and negligent supervision.