Research On Trust Principle

Trust principle is about make the objective obligation of paying attention of the social life specified in case of violate the traffic rules. It originated from the case of accident handling of Germany in 1935, the case judged that driver trust other people who involved in traffic would complied with traffic regulations, and eliminated driver's obligation of paying attention when other people violated traffic rules. Germany federal court inherited this case and turned the case into a principle after world war II, and many scholars elaborated on and theorized of the principle. Trust principle has been supporting in the region of the theory and practice in Switzerland, Austria, Japan and Chinese Taiwan and so on. The scope of the principle has been extended to all the common areas from the original traffic affair, such as malpractice. Fewer scholars studied in this area in China by comparison, and most of them denied the use of the principle. This dissertation tried to summarize the research related to the principle in foreign countries and china, and presents my own views.The dissertation is composed of three parts except the introduction and the conclusion:Part one: The basic theory of trust principle. First, it discusses the formation and evolution of trust principle. It includes two issues, the social context and the theoretical context of the formation of the principle. Second, it discussed the development of trust principle. It includes the development of the principle in Germany, Japan and reign of Taiwan. Third, it discusses the relation between trust principle and other criminal theories. It includes no-value behavior and trust principle: On the occasion of appliance of trust principle, if the behavior prevents the emergence of the result by taking the appropriate measure and the perpetrator's behavior is not valueless, he does not bear the criminal liability for negligence. The obligation of paying attention and trust principle: Trust principle implement social equity by redistribution the paying attention-from the driver to both sides.Part two: Basic theory of trust principle. It includes two parts. First, the foundation of trust principle. They are social due theory, allowed dangers theory and dangers distribution theory. To a certain extent, they restrict the right of penalties to launch and achieve a reasonable distribution of criminal responsibility. Second, The foundation of allow trust principle. This part includes three opinions: eliminate the possibility of unforeseen, eliminate the obligation of paying attention and considering the pro and cons. Eliminate the possibility of unforeseen think the reason why apply trust principle is eliminate the possibility of unforeseen. Eliminate the obligation of paying attention think the perpetrator had the possibility of foreseen when he was doing, the reason why apply trust principle is eliminate the obligation of paying attention. Considering the pro and cons think balancing interest under proportionality principle is the reason why trust principle deny the perpetrator's negligence liability. I think"eliminate the obligation of paying attention"is reasonable.Part three: Trust principle and Chinese Criminal law. It includes two areas, first, the dispute about whether trust principle can be applied to practice in China currently. Second, the development of trust principle and the present situation of handling traffic accident, malpractice and supervise negligence.