Research On Involuntary Dangerous Crime

In modern society, the growing criminal negligence, the traditional theory of negligence criminal punishment must be the result of the occurrence of actual damage claims premised on negligence can no longer good to prevent the occurrence of crime, Potential Damage resulting theory. Dangerous theory based on negligence, criminal negligence is not the only cause actual results to be punished damage, causing a hazardous condition at the time should also be punished. Scholars Study on Potential Damage achieved some results, in part promoted the development of criminal law theory. In order to better prevent criminal negligence, the penalty to achieve the purpose, it is necessary to Potential Damage to deeper, systematic research, which is perfect norms of criminal legislation and criminal justice needs. This article consists of six parts:Part I: Potential Damage concept. What is the Potential Damage of Potential Damage should be how to define, scholars have different views. This part of the analysis of various points of view, in the grasp Potential Damage based on the essential characteristics of his own point of view.Part II: Potential Damage theoretical controversy. Chinese and foreign theorists, the debate on the Potential Damage that can be divided into negative and positive, said. This section on the basic viewpoints of both sides on the basis of a brief introduction, put forward his claim that the criminal negligence of risk behavior should be given.Part III: Negligent crimes of the necessity and feasibility analysis. This section mainly from two aspects of the necessity and feasibility to prove criminal negligence risk behavior is oriented. Analysis of necessity, mainly from the social reality, default risk behavior of social harm, penalty, penal system and the development trend of criminal law in terms of risk behavior on the criminal negligence of analyzed that the crime of negligent behavior is dangerous necessary; in the feasibility analysis, both from the legislative point of view or from a theoretical point of view, Negligent crimes of all feasible. Part IV: Potential Damage of Crime. This section is mainly from the object of a crime, criminal objective, the subject of crime and crime and so subjective, on Potential Damage of Crime analyzed.Part V: Potential Damage of Legislation. Although the Potential Damage in theory there are disputes, but in practice there has been a lot of Potential Damage laws. This section describes abroad on Potential Damage of the relevant provisions of national regulations and were compared. This section also describes the relevant Chinese regulations on Potential Damage.Part VI: Criminal Law on the risk of crime, lack of negligence, and Legislation. China's current criminal law on the Potential Damage hold a positive attitude, and provides one of the few dangerous criminal negligence. This section of the existing provisions that China's criminal law provisions on Potential Damage existence of the narrow scope of application, such defects as improper legal punishment. Based on these shortcomings, this section gives some sound recommendations, including appropriate to expand the scope of Potential Damage to adjust Statutory Sentence increase of species such punishment.