Note Obligations Of Negligent Crime

In accelerating the modernization of the current social conditions, people enjoysocial progress at the same time, in a plane crash and road traffic accidents, fire, coalmine disaster, environmental pollution accident, medical liability accident and otheraccidents occur frequently, causing incalculable every year of personal and propertylosses. Therefore, due to negligence crime and the harm to the society is not only alarge increase, but also more and more serious. Criminal negligence has alreadybecome one of the largest number of crime all crime. Research highlighted theimportance of negligent crimes become more and more, but compared with the studyof intentional crimes, criminal negligence is research is insufficient. And breach ofduty of care is the essence of criminal negligence, the duty of care question researchto play a pivotal role in the cognizance of criminal negligence. This article is dividedinto four parts, about thirty thousand words or so. The first part: the problems are putforward. This part mainly expounds the duty of care at the root of the problem and theuse of the duty of care issues in the judicial practice of fuzziness, and present severalcases in the judicial practice, so as to put forward the importance of duty of care. Thesecond part: negligent crime of duty of care theory development. This part mainlyused comparative law research methods, the fault theory of development is discussedon the basis of a duty of care theory development process, first of all, through theanalysis of Germany’s duty of care theory development, it divided into internal andexternal attention obligation, a duty of care next to Japan’s current of scholars holdingdifferent proposition a duty of care to carry on the introduction and analysis, mainly isrepresented by the following three scholars point is a duty of care: Mr. Hirano dragon,TengMu hero, otsuka kernel. The third part: the duty of care the judgment standard.This part is mainly to the duty of care in negligence crime judgment standard, anddiscusses the judicial cognizance question. First discusses the judgment standard ofbreach of duty of care that the violation of the duty of care should conform to thefollowing three elements: the existence of a duty of care, pay attention to ability, delayed in attention. Second possible joint negligence crime in the judicial practicehow to distribute the duty of care and duty of care when conflict is discussed how tochoose, to provide a more clear and specific measures. The fourth part: the duty ofcare of limiting factors. This part mainly discusses the factors of forming limit to theduty of care, in present theory mainly exist: allow danger theory and principle of trust.Allow danger theory defines the extension of the duty of care, trust principle limitsthe scope of criminal negligence, both has restrictions on the duty of care.