Study On The Negligent Potential Damage Offense

The Negligent Potential Damage Offense is preliminary discussed fromfive aspects in this dissertation.The dissertation include five parts as follow:Part one: The theoretical disputes of the Negligent PotentialDamage Offense. There are two opposite attitudes in theory about theNegligent Potential Damage Offense in academic circles of other countries andour country——approval and opposition. In this part,firstly, the authorintroduce the fundamental propositions in academic circles of other countriesand our country; secondly,the author dredge and appraise the related problemsbetween both sides,and deem that although the approval's attitudes areproper,it is necessary to further detailed expound,while the opposition'sattitudes of negating the Negligent Potential Damage Offense are on basistraditional theory of the Negligent Offense, the permissible dangerous principleand reliable principle,the reason is that the opposition do not comprehendproperly the relations between the Negligent Potential Damage Offense andtraditional theory of the Negligent Offense, the permissible dangerous principleand the reliable principle.Part two: The grounds of the Negligent Potential Damage conductto be criminalized.In this part, firstly,the author analyze the grounds of theNegligent Potential Damage Offense as follow: the retributive grounds,theutilitarian grounds and our country's legislation and theory of criminal lawsupply enough space for the Negligent Potential Damage conduct to becriminalized.Secondly,the author response the opposition's attitudes and putforward the standpoints that it is not contradiction between the NegligentPotential Damage Offense and the permissible dangerous principle,the reliableprinciple and traditional theory of the Negligent Offense.Part three: The concept and constitution of the Negligent PotentialDamage Offense. In this part,firstly, the concept of the Negligent PotentialDamage Offense is defined,and then the constitution is analyzed detail fromobject of crime,objective aspects of crime, subject of crime and subjectiveaspects of crime.On the concept of the Negligent Potential Damage Offense,it refers that the subject violates attention obligationsseriously and leads toserious dangerous conditions of endangering the public securities of society byfault, and the actual damages consequences do not happen.The object of crimeshould be limited in public securities,the objective aspects of crime is that thesubject violates attention obligations seriously and leads to serious dangerousconditions of endangering the public securities of society,the subject of crimecan be constituted by individual and unit,the subjective aspects of crime onlycan be constituted by fault.Part four: The legislation study of the Negligent Potential DamageOffense in other countries and our country.Although there are greattheoretical disputes of the Negligent Potential Damage Offense, the NegligentPotential Damage Offense is stipulated both in continental legal systemcountries and Anglo-American law system countries,it is also stipulated in1997 criminal law of our country.The author firstly analyze the legislation'sgeneral features and difference features of the Negligent Potential DamageOffense of other countries and then point out the legislation's flaws of theNegligent Potential Damage Offense of our country.Part five: The legislation perfection of the Negligent PotentialDamage Offense of our country. In this part,firstly, the author introduce thefundamental propositions in academic circles on classifications, scopes andconcrete crimes of the Negligent Potential Damage Offense, and then putforward his standpoints about these problems.Secondly,the article put forwardthree fundamental principles for the Negligent Potential Damage conduct onhow it to be criminalized and how the penalty to be disposed——includingclassifications of penalty and scopes of penalty.At last, the author put forwardhis proprositions on how to perfect two Negligent Potential Damage Offensecrimes in 1997 criminal law of our country.