Research On Theoretical Foundation Of The Allowed Danger

Legal interest is the nature of the crime. According to the law, the act with a danger against the legal interests is not allowed. The allowed danger is such a type conduct which has a risk against the legal interests. However, based on the social usefulness, the law doesn't forbid all of the dangerous acts. This article tries to discuss the reason why the allowed danger is allowed. The consequence of this work is obvious that the act has something to do with the criminal responsibility and responsibility size■This Paper consists of four parts in total. The first part is an overview about the theory of allowed danger in which it introduces the definition of the allowed danger, extension of the act, its practical and theoretical history and its significance in the criminal Law. It has something to do with the criminal responsibility and responsibility size if the dangerous act is allowed or not.The second part focuses on the reason why the allowed danger is allowed. The existing theories about the reason include the theory of measuring legal interests, the theory of priority interest, the theory of the purpose of the act, the theory of social rather, the theory of anticipated possibility, and the theory of culpable liability. In my opinions, the allowed danger is a huge type of behavior. One or two theories can not tell the substantial theoretical foundation why the act is allowed. So, I would like to discuss this question according to the status of the allowed danger in the criminal theory and to the different types of the allowed danger. Finally I agree with the theory of priority interest, the theory of the purpose of the act, the theory of anticipated possibility, and the theory of culpable liability. But one thing must be remarked that the theory I agreed has its specific condition. Generally speaking, the theoretical foundation of the allowed danger involves the theory of catbestand, illegality and responsibility. The third part is mainly about the relation between the allowed danger theory and its related theories, including the theory of fault of the old and new, the theory of trust principles and the criminal theory of objective responsibility. The new theory of fault sets up a new standard of identifying criminal negligence in order to limit the scope of crime with a single fault. And then, the trust principle does the same thing in the crime with multilateral faults. The criminal theory of objective responsibility bases on the unpermitted act, which is superficially against the theory of allowed danger. In fact, their relation is good for both developments. In the forth section, I discuss the advantages about the allowed danger theory which can improve our criminal law, according to the link of the principal of a legally prescribed punishment for a specified crime, theory of crime establishment and the act of proviso.