The Study On The Criminal Legislation Of The Involuntary Dangerous Behaviours' Basic Issues

Dangerous for some deliberately made to criminal punishment, which has become a consensus among Chinese and foreign criminal law, But consider that the emergence of solid harm should be necessary if the involuntary dangerous crime establishes. Along With the rapid development of modern social and economic technology, science technology be widely used for every areas, and people's quality of life is also increased. Meanwhile, Mankind encounter more and more dangerous source in daily life. Some scholars propose modify the ex post control theory of the traditional criminal negligence, punish some certain serious behaviour, which is against society. So it is necessary to establish involuntary dangerous crime.The Negligent Potential Damage Offense is preliminary discussed from four aspects in this dissertation.Part one:The theoretical disputes and legislation of the involuntary dangerous crime. There are two opposite attitudes in theory about the involuntary dangerous crime although the approval's attitudes are proper, it is necessary to further detailed expound.Part two:The theory basis of the involuntary dangerous crime conduct to be criminalized.This part begins with the Social harmfulness of the involuntary dangerous behavior, analyzed the utilitarian ground. And it is not contradiction between the Negligent Potential Damage Offense and the permissible dangerous principle, the reliable principle and traditional theory of the Negligent Offense.Part three:The necessity of the involuntary dangerous crime conduct to be criminalized.In this part, the author put forward that conduct involuntary dangerous crime is a general trend around the world.Part four:The legislation perfection of the Negligent Potential Damage Offense of vountry. In this part, the author introduces the conception of the dangerous. And introduce the scopes of the involuntary dangerous crime, and then put forward about the Punishment of it.