Criminal Law Trust Principles Study

Trust principle owes its origin to the Germany and is one of the absorbing theories in the research on criminal law in continental law system in recent years. It is widely accepted and applied to practice in such countries as Germany and Japan, as well as in Taiwan province, China. But Chinese theory of criminal law is lacking in the research on such an important issue. The dissertation tries to summarize the research related to trust principle in foreign countries and China and presents my owe views. The dissertation advances a special approach on trust principle in the Chinese theory of criminal law.The dissertation is composed of four parts:Part one is an introduction. The introduction clarifies the implication of the theory and the value of such research.Part two centres on the basic theory of the trust principle. (Ⅰ) the forming and development of the trust principle. Trust principle is produced and developed on the basis of several important legal precedents of Germany and Japan. (Ⅱ) the social base that trust principle produces. The social base that trust principle produces is that the social production, the field lives are modernized, mechanized and complicating day by day. (Ⅲ) the foundation that trust principle deny the criminal liability for negligence. As to this, Chinese and foreign criminal theory circle have four view. One that "a limit to violating obligation of paying attention" is right.Part three has analysed mainly the relation between trust principle and the other criminal theories correlated with trust principle. (Ⅰ) trust principle and the criminal negligence theory. The criminal negligence theory contains traditional one and new one. New criminal negligence theory regards trust principle as theoretical prerequisite.(Ⅱ) trust principle and the obligation of paying attention. There are three kinds of different views about the obligation of paying attention in Chinese and foreign criminal theory circle. It is widely accepted that the obligation of paying attention should consists of the obligation of foresighted result and the obligation of avoidable result. Trust principle means denying behavior's criminal liability for negligence.Butthe obligation of paying attention means burdening behavior's criminal liability for negligence. (HI) trust principle and the danger that is allowed. The both can deny behavior's criminal liability for negligence. (IV) trust principle and the restraining of criminal law. Trust principle reflects the restraining of criminal law by limiting the range of the negligent crime. (V) trust principle and no-value behaviour. On the occasion of appliance of trust principle, if the behavior prevents the emergence of the result by taking the appropriate measures and the actor's behavior is not valueless, he does not bear the criminal liability for negligence.Part four discusses the main problem about application of trust principle to practice. (I) This part recommends the dispute about whether trust principle can be applied to practice between the Soviet Union and the western countries. In the western countries the common understanding that trust principle have been applied at present have already been reached. (II) This part has introduced Germany and Japan's research results and applicable situation. (Ill) In dealing with the traffic accident,we should apply trust principle in some developed areas with primary condition.What's more,it can be applicable to the malpractice.ln addition,some problem about the relation between trust principle and "dash against people without any liability " and the issue of dealing with the business negligent crime are also studied in this part.