Review On The Criminal Legislation Of The Involuntary Dangerous Behaviours

After entering past-modern society, Mankind encounter more and more dangerous source in daily life. With the development of society, the Penal Code, the shield of protection, is required to develop its better functions, the traditional penal theories ,However, consider that the emergence of solid harm should be necessary if the involuntary dangerous crime establishes. Therefore, the involuntary crime in our current penal code is strictly limited to those behaviours that result in solid harm results, with fewer provisions to identity the involuntary dangerous behaviours. The situation obviously can't meet the protection requests that the social development puts forward.This article investigates three countable provisions of the Code about the crime in mistake, views current foreign national provisions on the involuntary dangerous crime (regardless the Continental Legal System and the Common Law Legal System), begins with the conception of the involuntary dangerous crime, applies the comparison methods to define the conception of the crime;the article explores the innate characters of the involuntary dangerous crime, and then gives proof to support the need and inevitability of increasing provisions on the involuntary dangerous crime. Whether from the view of theoretical analysis or in reality, it's necessary to criminally legislate some certain serious behaviour, which is against society. Although the scope of the establishment of the involuntary dangerous crime must be strictly limited in case Criminal Law excessively interferes life. This does not in any way affect the course of criminal legislation.This article utilizes the method of comparison and game theory, studies from the criminal standards and limitations, analysizes the domestic and international legislative cases, focuses on the cornerstone why theinvoluntary dangerous crime exists in the Criminal Law, then comes to a conclusion that the Criminal Law should have the space of more provisions on the involuntary dangerous crime.