Study On Error Danger Violate

In modern society, danger can generally be divided into natural danger and man-made danger based on the criterion of danger field. The danger we mentioned in transport, environment and other fields belong to the latter. The error danger violate theory holds that the criminal law is needed on the condition of sever danger, i.e., put the line of defense against the criminal law before the harmful consequence happened, so that positive penalty prevention and make non-destructive Criminal Law maintained. However, modern established criminal law does not solve this problem. On the contrary, the harm caused by error danger violate acts continues to deteriorate. Serious error danger violate acts not only not decrease, but also showing a trend of aggravating and spreading. Recently, many scholars explore the reasons of causing such a situation. Some of them analyzed this from the perspective of the law enforcement, while more scholars noticed the defects of criminal legislation itself from multiple angles, and put forward the suggestions for legislation perfection. The author, based on the previous research on the error danger violate acts, proposed own opinions after analyzing the negligent dangerous crimes legislation and the legislative imperfection of our country criminal law itself. According to this idea, this paper can be illustrated as follows:First, in modern society, the harm caused by error danger violate acts is deteriorating. To make up for ineffective sanctions of the civil law and administrative regulations, many countries continue to explore and draw their own draft of error danger violate. Crime procedure mode, which is mainly prescribed by some related crime, is the legislation of error danger violate in our country. Second, analyze the error danger violate acts comprehensively. From the point of'the old and the neo-theory of negligence', discuss how to understand the psychological nature of the error danger violates offender, how to understand the danger, and how to understand the executive act. Third, on the basis of the previous article discussed, from theoretical and practical point expounded the rationality to establish the theory of error danger violate in the criminal law respectively. The author believe that the theory of error danger violate not contrary to the theory of erfolgsunwert, and the principle of reasonable reliance and the principles of restraining criminal law do not negate the basis of the error danger violate. Last, the author puts forward his own legislative ideas. In order to effectively control the risk of error danger violates and maintains criminal justice, the author mainly analysis set of legislative principles and the setting of penalties.