Note That The Obligations Identified

In the law society, no matter pursue ordinary behavior or professionalbehavior, anyone who is a rational person should make his behavior reasonableand legal. Once we are in short of or ingnore enough attention, it may be resultedin error behavior and cause serious social result. After the damaging result, weshould consider whether the delinquent should assume penal responsibility, butpenal responsibility lie on cognizance of responsibility of notice, that is whetherthe delinquent should carry out responsibility of notice, and violate thisresponsibility of notice, and the degree of violation of responsibility of notice.Firstly, this text will introduce how to cognizance the confine and content ofresponsibility of notice, which will provide base how to cognizance responsibilityof notice in judicial practice; Secondly, this text will estimate if the person violateresponsibility of notice which he should carry out from four aspects of constitutionof a crime; Finally, this text will introduce how to exempt or reduce responsibilityof notice of the person when applying the crime obstructed.This text includes three parts:The first part mostly introduce how to cognizance the confine and content ofresponsibility of notice. Firstly, discuss the confine of responsibility of notice byintroducing debate of the confine of responsibility of notice, the penman thinkresponsibility of notice not only includes subjective category, but also objectivecategory, because responsibility includes subjective psychological manner andobjective behavior of avoiding damaging result. Next, discuss the content ofresponsibility of notice by introducing duty of forcast the result and duty of avoidthe result, the penman will discuss the duty of forcast the result from damagingresult, and think the damaging result should be concrete; then the penman willdiscuss the duty of avoid the result from the debate of criminal law experts, andexplain the duty of avoid the result reasonably.The second part will explain ordinary approach when recongnizingresponsibility of notice from constitution of a crime. First of all, we can analyzewhether a person violate responsibility of notice by the damaging result; Next,after the damaging result occurs, we should analyze if the person has subjective ability of notice, because the ability of notice is premise of cognizance ofresponsibility of notice; Thirdly, we should analyze if the person violate theresponsibility of notice according to objective aspect, such as environment, timeand place; At last, we can analyze responsibility of notice by person's age,experience and work, because according to these factors, we can judge the degreeof responsibility of notice.The third part mostly introduce the crime obstructed of cognizance ofresponsibility of notice: the principle of reliance offical duty and the principle ofallowed danger, and how to exempt responsibility of notice of the person whenapplying the crime obstructed.In Germany and Japan, the principle of reliance offical duty and the principleof allowed danger based on Theory origin: Dangerous assignment Theory, and thetwo principles are important to recognize criminal responsibility of error crime andexempt responsibility of notice. The principle of reliance offical duty and theprinciple of allowed danger are not only helpful to economy of Germany andJapan, but also relax contradictory between technical development and publicsecurity, and provide a new standard for cognizance of responsibility of notice andcriminal responsibility in China. The penman think the principle of reliance officalduty and the principle of allowed danger are suitable for areas of China, but thereare many factors influencing apply of two principles, so it is need to consider thesefactors when applying two principles.