Be Allowed To The Risk Of Research

With the rapid development of science and technology,a some of beneficial profession on social development is existing,but at the same time it has a certain danger.On the one hand,if these risks in order to prevent the occurrence of the fault of too much responsibility to hold employees,the society will stagnate;On the other hand,a full-scale to allow the existence of these dangers,it will lead to greater damage.How processed between the social development and the dangerous behavior relations has become an urgent need research topic.Therefore,we have the necessity to limit a part of error crime using the permission dangerous theory the establishment, thus enable these dangerous professions the development to obtain the liberation,thus causes it earth promotion society the development.Besides the introduction,this article altogether is divided four parts:The first part is mainly explained by the principle of allowed danger's theoretical background and theoretical sources.The principle of allowed danger is closely related to fault theory development.Fault theory has experienced the fault from the old to the new theory of negligence,negligence on the new development process.The origin of the principle of allowed danger is "the dangerous assignment theory." "Dangerous assignment theory" is put forward under the concept of'negligence committed to reduce the rationalization of punishment."The second part is mainly the principle of allowed danger's value and the practice significance.First,it introduces difference with the correlation criminal law theory.(1) the principle of allowed danger and the attention duty.The essence of error crim is the attention duty,the author violates the attention duty to undertake the error responsibility.The attention duty direction is error responsibility having,is one kind of error responsibility allocation;But the principle of allowed danger direction error responsibility non-,is one kind of error responsibility anti- actually.(2) The principle of allowed danger and the principle of reliance,the principle of allowed danger and the principle of reliance all is to the error responsibility anti- actually matter,but the two also have certain difference in certain aspects.(3) The principle of allowed danger and the legalisation behavior.When the allowed danger behavior denies its behavior implements,also denied crime constitution;The legalisation behavior denies behavior illegal,not denies crime constitution.(4) The principle of allowed danger and the crime countermeasure.The principle of allowed danger define the scope of error crime,thus it has the same with the present criminal activity policy emphasized "width",and it has manifested the criminal law modest and restrained value.Next,it has elaborated model significance of the principle of allowed danger to our country judicature practice.The third part mainly has discussed about the principle of allowed danger's status in the mainland crime system.Discusses the status of this principle in the crime system,at present has the anti- responsibility,anti- actually illegal,antiactually crime constitution,two explains things four theories.The author thought that the principle of allowed danger is centers on the attention duty to launch the discussion,the principle of allowed danger theory status finally tallies with the crime error theory status.The author approves of the the status logically coherent argument of error theory in the crime system,thus recognized the principle of allowed danger is took anti- illegal recognizes actually.The fourth part introduced the principle of allowed danger's model significance to our country judicature practice.The content main division is two parts:(1) this part introduced the principle of allowed danger's applicable scope as well as the condition and the limit.(2) this part narrated with emphasis the principle of allowed danger had been recognized the medical error the model significance as well as the principle of allowed danger in risk activity legalization manifesting.