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Dangerous Criminal Negligence Study

Posted on:2009-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2166360245490510Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Dangerous Criminal negligence is the fault refers to the perpetrator of the serious risk of the dangers posed by acts of crime as a result of anecessary condition for the crime. Dangerous Criminal negligence by leaps and bounds and Dangerous Criminal negligence committed two areas, is the fault committed with a combination of Dangerous Criminal. Therefore, the fault has become a criminal Dangerous Criminal theoretical research in new topics.At present, Chinese treatment of criminal negligence dangerous act of the existence of two distinct views. Sure that from the protection of public interests and safeguarding social order of that fault caused a serious risk for the state of criminal acts should be. Denied that those mistakes from the traditional theory of negligence against the stresses of dangerous behavior.From the criminal negligence of the development and changes, the danger of acts of criminal negligence is an inevitable trend, in line with the Criminal Law of timely legislative principles. As fault dangerous act with serious social harm, criminal negligence and dangerous conduct is to protect the interests of the urgent need for public safety, but also to prevent further crimes were acts of negligence, social security and the prevention of crime on the other effective means. At the same time, dangerous acts of criminal negligence and criminal law of the systolic and allowing the danger does not exist in essence, the principle of the conflict, the establishment of Dangerous Criminal negligence is feasible.Dangerous Criminal negligence means: the perpetrators of serious violations of the relevant duty of care, not negligence caused harm to specific people or specific majority of the life, health and major public and private property safety of a serious risk behaviour. Dangerous Criminal negligence is the object of public safety violations, objective performance as a serious breach of duty of care, not cause harm to specific people or specific majority of the life, health and major public and private property of the serious risk behavior. Dangerous Criminal negligence is at fault because of a crime, so is its subjective fault. Dangerous Criminal negligence is the main natural persons, including the main criminal offences including the main units.Dangerous Criminal negligence against Chinese current lack of legislation, China has been the fault of three counts of Dangerous Criminal revision and improvement. Dangerous Criminal negligence in the legislative process should strictly abide by the restrictions in principle, systolic principles and scientific principles, endangering public safety areas on the appropriate number of additional provisions of the Dangerous Criminal negligence, through short-term free sentence, fines, penalties for criminal and non-punishment Effective ways to control dangerous criminal negligence.
Keywords/Search Tags:Fault, Dangerous, Dangerous Criminal negligence
PDF Full Text Request
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