The Principle Of Trust In The Traffic Accident Crime

The principle of trust is the act of people trusting to implement regularappropriate behavior, as long as the trust has considerable, even if the others are notappropriate behavior lead to accidents, still negative behavior fault liabilityprinciple.The principle of trust in the last century30’s German traffic areas, as atypical distribution of attention obligation principle, the fault theory also has a veryimportant position.The principle of trust by assigning traffic between participantsbetween the duty of care to restrict or deny the obligation of the actors, so as to reducepenalty circle, exclude the behavior person negligence liability purposes.The principleof trust was originally applied only to the traffic field, then gradually to othercollaborative relationships to other areas of expansion, it is the embodiment of theprinciple of trust and social development for the tremendous function.While abroadon the principle of trust has been studied, but compared with the Chinese criminal law,the principle of trust is still a relatively new field of study.In this paper, based on thedomestic and foreign cases and research data, on the principle of trust in China’slegislative and judicial practice to be reflected in.If China has not established theprinciple of trust, but also how it should be introduced and perfect trust principleapplication in China, and in not free to enlarge the use range and reasonable under thecircumstances suitable for traffic accident crime.This paper is divided into three chapters to discuss. The first chapter is about the principle of trust and its related theory basis ofoverview.Through the introduction of the principle of trust in the social and historicalconditions leads to the principle of trust concept, function as well as the embodimentof the idea of criminal law, expounds the principle of trust is the basis of the theory inthe theory of social worthiness background is permissible dangerous theory and risktheory of distribution.And through negligence by the old negligence theory to developnew negligence theory, demonstrates the principle of trust and is closely related to thedevelopment of the theory of negligence.The second chapter mainly studies trust principle in our country’s crime ofcausing traffic casualties embodiment.First introduced the principle of trust inChinese theoretical circles and judicial circles in our country and the controversies inthe judicial interpretation of embodiment, through the research on the trust principle isapplied to the objective conditions and subjective elements, that trust principle can notexpand blindly, with restricted conditions.In addition, discussed in detail in ourcountry traffic accident, traffic accident has the function and nature, and that trafficaccident is recognized by the behavior of the human accident responsibility andcriminal responsibility.The third chapter is the principle of trust formally introduced the conditionanalysis and suggestion on the revision of legal interpretation.This paper introducesthe traffic of our country present situation including the improvement of trafficenvironment and public traffic consciousness rise, think our country has applied theprinciple of trust conditions.Since our country has introduced the principle of trustcondition, so how to trust principle in the legislation so that the principle of trust torestrict traffic domain constraints established the role of criminal negligence.