The Principle Of Reliance In Criminal Law

With the development of society, some industries that are socially useful but at the same time have a certain risk were born. In recent years, there are more and more negligence crimes in these fields, especially the offense of vocational negligence. In one hand, the punishment on vocational negligence crime will play a good warning to the employees in these fields; In the other hand, the scope of the establishment of vocational negligence crime is too broad and that will over burden the employees in these industries, and will not conducive to the development and progress of these industries. So we need to use the principle of reliance to limit part of the establishment of negligence crime, so that the development of these industries will be liberated. Thus it can make more promotion to the society.The principle of reliance was produced in 1935 Germany, afterward is suitable in Japan, Switzerland, Austria and so on. At the beginning it is mainly suitable for the traffic accident, but now it is expand to the malpractice incident and surveillance error. It is essentially requested by the development of industrial capital.The negligence theory experienced from the old negligence theory to new negligence theory and then the newest negligence theory. The principle of reliance is based on the theory of social due, allowed dangers and dangers distribution, and is applied when it has a certain social objective conditions and subjective conditions in the premise of trust. the principle of reliance limits the establishment of negligence crime through excluding the foreseeable obligation and the obligation to keep a cautious attitude in the dangerous on the basis of the theory of new negligence crime.In our current law there has not self-conscious apply of the principle of reliance. But there still some laws and regulations embody the spirit of the principle of reliance. So the principle of reliance should be introduced from the Germany and Japan so that it can be applied in our country. It is a feasible choice to introduce the principle of reliance through criminal explanation.