Research On The Negligent Potential Damage Offense

Modern technology has brought us many benefits at the same time, a variety of tangibleand intangible risk is also increasing. Society in risk the source greatly increased, and thoseengaged in the staff of Risk source, if there is a breach of safety regulations or operatingprocedures, and often will be the safety of the public being placed in serious danger of state.This danger, once turned into reality, usually resulting in huge losses. In recent years, dirty air,traffic accident, the Food and Drug production occurred in the field of negligence increase incrime than ever before, one of the typical cases invariably lead to huge losses and badinfluence. There are many scholars stressed that post-exposure prophylaxis to advanceprevention, convicted and punished for the dangerous behavior of some mistakes, NegligentDangerous incident became a hot topic."Potential Damage "is a product of the pre-or early theory of criminal law to deal withserious negligence crime trend in modern society and advocate criminal law to intervene.Potential Damage Offense already achieved some success, but overall, is still a lack ofsystematic and in-depth wins, this situation is not conducive to the development of the theoryof criminal law, is not conducive to the improvement of the criminal legislation and criminaljustice thus, the system, in-depth study of the issue of Potential Damage, both the needs of thedevelopment of criminal law theory, but also criminal legislation and criminal justice needs.Based on this, the five aspects Potential Damage a systematic preliminary exposition.The article is divided into four parts in the structure:Part I: Negligent Dangerous Overview. Negligent Dangerous, Chinese scholars andforeign scholars have held "negativism" and "definitely on" two opposing views. This sectionis designed on the concept of Potential Damage and crime constitute, focus on comparing thedifferent views held by scholars for Negligent Dangerous brief combing and analysis, andthey debate key issues. I support "definitely on the" point of view, but this point of view thereis further room for arguments."Negativism" view only departure from traditional negligencecrime angle, and stick to the limit function and Humility and the principle of the criminal law,the understanding of the entire Potential Damage is inevitable there will be biased. Onlyreinforce the theoretical basis of the study Negligent Dangerous, they are not to be lost in the future research direction.Part II: Potential Damage basic values. This chapter begins by pointing out thesubstantive content "behavior worthless" and "worthless". Then results worthless theory thereare inadequacies, unable to adapt to the needs of today’s judicial practice. Finally, the articleshows that the behavior worthlessness of the advantages of the theory, critical theory furtheron the results worthless. This chapter is a basic starting point of the following three chaptersare discussed.Part III: Regulation of negligence dangerous behavior and rational analysis. This sectionfrom the regulatory system fault dangerous behavior of the reality of the need for theregulatory system fault dangerous behavior of the theoretical foundation conducted theanalysis, On this basis, the chapter "negation On" The main point of view and respond to, andpointed out that the regulatory negligence dangerous The behavior line with the dangerousprinciple and trust principle, allowed no contradiction with the traditional theory ofnegligence committed. This chapter focuses on the flaws of our existing legislation in thecriminal law setting, the scope of legislation, and to elicit suggestions for improvement of thenext chapter on China’s Potential Damage legislation.Part IV: Potential Damage legislation is perfect. First, set Negligent Dangerous mustfollow certain principles, any legislation from the principles of criminal law are empty andhas no legal significance. This article from the principle of legality, the limiting principle,Humility and the principle of coordination principles and the principle of unity in five aspectsto be discussed. Second, from the point of view of the scope of the legislation in-depthanalysis of the deficiencies of the existing legislation, advocated the creation of new offensesappropriate to expand the scope of Potential Damage tends to improve in order to thepunishment of criminal law function. Finally, the article detailed interpretation of thesuggestions for improvement on the penalty set Negligent Dangerous advocated mainlyshort-term free criminal and criminal fine light punishment.