Research On The Possibility Of Criminal Negligence Dimension

The possibility of criminal law is a problem whenever you may encounter in the commission of a crime in the study and it can effect the research ideas about the problem. Especially in the study criminal negligence, the possibility is almost impossible to avoid. The "possibility" referred to in this article includes the possibility of illegal knowledge (some scholars call it:the possibility of unlawful sexual awareness), the possibility of results forsee, the possibility of avoid the results occurred and Zumutbarkeit four parts. Most current research on these possibilities above, all in the conduct of general sense of crime types, or a look on some certain possibility, not investigate in criminal negligence dimension. In fact, from the dimensions of criminal negligence on the criminal law is more appropriate for these possibilities in the possibility to grasp the real meaning of these, and more appropriate to guide the crime of negligence. With the development of modern society, the crime of negligence on the social relations are becoming more damaging, more and more various difficult situations criminal negligence are, so research on them was urgent and necessary. When in the study of criminal negligence, if the guidance of the possibility theory can be made full use of, we can more accurately grasp the relationship between crime and sin, crime and responsibility, crime and punishment. Criminal Negligence the possibility of the meaning of these mutual relations, the criminal negligence possibility theory in the status and value and in a number of criminal negligence by analysis of judgments This paper believes that the possibility of illegal knowledge is the prerequisite factors constitutes criminal negligence; various "possibilities" have internal logic relations; in criminal negligence we need to take the possibility of avoid the results occurred and possibility of results foresee into account, and should not over-emphasize one is more important than the other party; Zumutbarkeit plays an important role and status in criminal negligence; various "possibilities" theory of criminal negligence has very important significance guidance in particular. This paper attempts to study the possibility of illegal knowledge, the possibility of results foresee, Zumutbarkeit and the possibility of avoid the results occurred by criminal negligence dimension to reach the purpose of the possibility of criminal negligence in a systematic exposition of and to make my own effort to the research.This paper is divided into five parts:The first part outlines the possibility of criminal negligence. This section is an overview on the possibility of illegal knowledge, the possibility of the results foreseen the possibility of avoid the results occurred and Zumutbarkeit. First introduced the concept and the controversy of possibility of illegal knowledge, the performance of the possibility of illegal knowledge in different types of criminal negligence and the factors which negates the possibility of the illegal nature of knowledge. Second, it introduces the concept of the possibility of a predictable result and the possibility of avoid the results occurred and the relationship between the two and the duty of care and criterion standards. And the third is the origins and development of Zumutbarkeit theory, the rational basis and the use of criminal negligence and made a preliminary presentation and analysis.The second part is to analyze the possibility of criminal negligence in all relations. In this section, Firstly, the Theory of fault's controversy about the possibility of results forsee and the possibility of avoid the results occurred of was introduced, and do not think too much emphasis on both the pros and cons, in order to avoid fracturing the close link between the possibility of results forsee and the possibility of avoid the results occurred. China's criminal law provisions on the evaluation of both. And that the article on the understanding of the relationship between the two:in the absence of awareness of the fault committed, the perpetrator has the possibility of results forsee of constituting a direct element of fault, the possibility of avoid the results occurred of a potential element; in a known fault, the possibility of avoid the results occurred is a direct factor, the possibility of results forsee is a potential factor. Second, the relationship of the possibility of results forsee and the possibility of illegal knowledge was being investigated. The knowledge from a fault of negligence and no understanding of two aspects of the relationship between the two, that the two have very close links between, but specific analysis can not pay attention to one or the other. Is again between the possibility of knowledge of illegality and Zumutbarkeit of the relationship was being research, both from the general lack of relationship and the relationship between the two perspectives when analyzed that Zumutbarkeit and the possibility of illegal knowledge responsibility for the fault with the foundation of the possibility of knowledge of illegality can be seen as Zumutbarkeit of subjective premise. Finally, the possibility of results forsee of a predictable relationship between the likelihood of that possibility is Zumutbarkeit of predictable basis, and Zumutbarkeit of the possibility of results forsee in one of the ways to judge.The third part discusses the possibility of criminal negligence in the position of the system. The first is the possibility of results forsee and the possibility of avoid the results occurred in the system of status, that the possibility of results forsee and the possibility of avoid the results occurred is a criminal negligence of one of the criterion. And the fault judgments constitute the elements belonging to the analysis of compliance levels. Second, the position and Zumutbarkeit of the introduction of China's positive and negative sense. The possibility that the expected level of responsibility should be to examine. China introduced its consequences should be considered synthetically. Once again, the possibility of illegal knowledge of the status of the system, the possibility of illegal knowledge is a prerequisite for the establishment of criminal negligence, its liability theory with independent existence. Finally, a possibility discussed in this paper a systematic discussion of the issue and proposed a "negligence-negligence, the possibility of illegal knowledge not only Zumutbarkeit; fault-the possibility of results forsee and the possibility of avoid the results occurred." systematic structure.The fourth part is the possibility of criminal negligence in the judgments. Competing in the fault were analyzed, professional negligence, negligent supervision and negligence, Dangerous, and the fault of the four more specific crime, how to determine the possibilities. One special form of competing for negligence were raised per capita for the perpetrators in accordance with acts and behavior of people judging include the possibility of two victims; negligence in the business and results on the possibility of results forsee and the possibility of avoid the results occurred judgments should adhere to a more than ordinary negligence strict standards; for Potential Damage to understand that their is still guilty of negligence, the judge still on the possibilities of integration into consideration; As for monitoring fault, because of its structure, there are indirect factors, therefore the possibility of results forsee and the possibility of avoid the results occurred that the object of specific analysis should not be the sole judge as to jeopardize the results of factor.Conclusion part, expressed the author of the possibility of criminal negligence dimension Inspiration obtained, and once again affirmed the purpose of this study and the failure to involve and discuss issues related to regret.