On Criminal Negligence

In an undeveloped society in economy and technique, the technique level in the whole society is lower and so are the living style and the misstep crime cases. Since the industrial revolution, especially the late half of 20th century, the modem science and technology are broadly applied in the human beings daily life and production. While the people are enjoying the great fortune and pleasure brought forth by the modern science and techique. they are also facing various kinds of risks as in case any one takes a little carelessness in the daily production or life, some possibly occurred misstep action by him or her will bring forth tremendous harm to the society and he or she may be subject to the punishment upon the criminal law. The risk sources in the modern are so many that which misstep actions will make of crimes has already become a problem that should be profoundly researched. This article aims at under the guidance of the principle of combining the theory with the practice. searching for how to correctly identify purposive action from misstep one. and crime from none - crime through on the base of summing up the researched achievements by the scholars at home and abroad. doing an analysis on the problems such as the historical reformation of the law making for criminal misstep actions. and the misstep action making and the judgment to the misstep crime.The first part is to describe the historical reformation of the law making for criminal misstep actions. According to the ancient reference literature. through an analysis to deduce that in Xizhou(one dynasty in China 1100 B. C). the people then began to recognize the action without crime committing purpose is predictive but harmful to the society. The setting forth of so called" San You" (three items of absolutions) rule showed that e-ven at that time people began to possess the criminal law idea and criminal case polices for conducting heavy punishment to the purposive offenders and guilty to the purposeless offenders. Through making a study and analysis on the legal terms at that time such as" being unknown" , " misacted" , "forgotten" , "lost" and "missed" , the article tries to point out their meanings containing ones as same as the terms such as" wrong in legally understanding" ," understanding the fact "and" force majeure" with the modern criminal law significance.The second part is on the concept of criminal misstep. It focuses on introducing the concept concerning with the criminal misstep set forth in the criminal law theory at a-broad and that in our country's criminal law and theory and then it concludes that the concept on criminal misstep in our country's criminal law is: one should foresee that his or her own action may bring forth a result possibly harmful to the society: one has not foreseen as a carelessness, or the psychological attitude that though one has foreseen theresult, he or she credulously regards it can be avoided so that such result actually occurred later,The third part is about the criminal misstep making and it is also the principal content of this article. It points out that the misstep is defined as taking the possibility of lawbreaking consciousness as its precondition and putting carefulness obligation breaking as core. The lawbreaking consciousness means the actor is aware of his or her action illegal and not illegally permissible, and oppositely, the possibility of lawbreaking consciousness means the actor is in the state capable of being award of his or her action illegal when he or she acts and such point is the key factor for regularly judging misstep. In case no such judgment exists, neither does the misstep psychology. On the part of carefulness obligation breaking, the article focuses on making an analysis on the basis of the carefulness and point out the carefulness comes from tuo aspects,it. One in eludes, carefulness obligation stipulated in the laws legal orders, rules and regulations and another includes that required in the custom and common practices, and as for the later aspect, the article regards i...