Discuss The Proof Of Criminal Negligence

Criminal negligence is an extremely important part of the theory of negligentcrime, it has emerged said of no recognize and the results of neglect and the results ofavoiding in history. It preferably achieves an unity of subconscious andunconsciousness, subjective mentality and objective reality, criminal constituentelements and the source of responsibility in negligent mental state. The subjectivenature of the criminal negligence decides it difficult to prove in the judicial practice,and the kinds of subjectivity throughout all aspects of the theory of criminalnegligence. But the objective attributes of consciousness make criminal negligencecan’t escape from the objective world and pure exist in isolation. At the same time, thecriminal negligence theory gradually matures and proves itself means growing scienceenabled us to see the proof of criminal negligence. Proof of criminal negligenceconsciousness factor and will factor in essence can be summarized as proof of duty ofcare and attention ability. Proof of duty of care includes two aspects of the source ofobligation and the act of perpetrating, proof of attention ability can be summed up asthe perpetrator of the main factors and the main external factors. The violation of theformer is the essence of negligence crime, the latter should also include the Chinesecriminal law stipulated in article16of the force majeure and unforeseeablecircumstances. Statutory criminal proof standard is difficult to implement in the fieldof criminal negligence so that it need to be appropriate to lower the standard. Learnfrom the theory of Continental system, the inner conviction can apply to the field ofcriminal negligence. It is closely to related to the differences of litigation proof andalso due to the uniqueness of criminal negligence. The main scope of inner convictionshould be the trial, which have high requirements on the words evidence and judgeteam. Limited to the scope of the physical evidence in our country, the methods toprove criminal negligence in the judicial practice is relatively small. But foreignrelated theory about the proof of the mens rea for us to explore criminal negligenceproved method provides a good reference. Among them, the judicial notice and logicreasoning of proof of criminal negligence action yet to be discovered, presumptionwith its mature in Anglo-American Law system and Continental Law system oftheoretical background gets the favor of scholars in our country so that it has a largerdevelopment space. The research on the theory of criminal negligence proved canimprove the negligence theory of the overall architecture, improve the guidelines for the judicial practice department, restrain increasingly high incidence of criminalnegligence.