On The Principle Of Criminal Law On Trust

With the increase of traffic accidents, the judge of the accident liability becomes the hot spot, especially the liability between motor vehicles and pedestrian. In 2005, the new "Road Traffic Safety Law" is published, its 76 note regulate the content in law for the first time. Someone said it negate "the knocking down pedestrians without any responsibility", show concerned for people. Someone said it is partial to pedestrian, and it is hard on motor vehicles. This controversy sticks out especially in the first case after Road Traffic Safety Law. So it is not determined to take which imputation principle to settle the liability between people. The write think the principle of trust is the ideal choose to realize the aim of the legislation. The principle of trust is one of the important theories in Germany and Japanese criminal jurisprudence. And it is also the theory connects with fault. Generally speaking, the principle of trust is base on allowed dangers theory and dangers distribution theory. It established and developed in the background when the new criminal negligence theory originated from the traditional one. The article take the method combining theory with practice to analyze the first case, and then point that the new law can not balance the interests between people. So we are necessary to introduce the principle of trust Then the article looks back on the birthplace and development of the principle of trust, the theoretical source of the principle, concluding the theory of allowed dangers, the theory of dangers distribution, and the theory of social due. Using the experience of scholars in our country and out, the article sums up the conditions and function of the theory. From the subjective and objective conditions we have can see that we already have ability to take the principle of trust. From the last part of the article' analyze of the 76 note, we can see that we are also urgent to introduce the principle of trust There are also twists and turns in a theory development, and it is also a process of test. The article hopes that it would be helpful to realize and apply of the theory.