A Study On The Principle Of Trust In Criminal Law

With the development of society,some of the socially useful, but also has somedangerous industries produce.In recent years,these industries in the field of criminalnegligence,criminal negligence in particular,more and more business.On the onehand,criminal negligence penalties business practitioners in these industries can play agood warning,prevent many accidents.But on the other hand,the establishment ofbusiness crime is too wide to make the se industry practitioners bear too heavy aburden, which is not conducive to the development and progress of these industries.Tothis end, we need to limit the use of true principles of criminal negligence part of theestablishment, so that the development of these industries have been liberated,so Itpromotes greater social development.Trust principles produced in1935in Germany,and then get in Japan, Switzerland,Austria and other countries apply.In the beginning of the principles of trust generatedmainly applicable to traffic accidents in the field has been expanded to apply tomedical malpractice,negligent super vision and other areas.Trust principles to social theory is quite dangerous and dangerous theory allowedallocation theory,in the case with a certain objective social conditions and to"trust" asa precondition to the subjective conditions apply.Negligence theory experienced afault and then a new theory of the new from the old to the new fault on fault on thedevelopment process.Trust principle is to achieve criminal negligence limit the scopeof the purpose of the establishment of a new theory on the basis of negligent behaviorby excluding people foreseeable obligations and obligations remain cautious indangerous state.China’s current laws do not consciously apply the principles of trust,but somestill embodies the spirit of trust laws principles.To get the trust of the principlesapplicable in the country should learn from Germany, Japan and the principles ofcriminal law and the trust of the introduction of the Criminal Law.Explained by thecriminal justice principles will be applicable to the trust is a viable option.