Research On Dangerous Criminal Negligence In The Background Of Risk Society

Negligence and dangerous are the words with a long history. The Dangerous Criminal Negligence from the narrow sense is negligent and dangerous combination, whose existence and justification are still controversial. Characteristics of risk society and themes of our times are the challenges to the Dangerous Criminal Negligence. What is the Dangerous Criminal Negligence? Whether the dangerous acts should be criminalized? How their legal requirements are regulates? These are important issues worthy of further study.The essay will include four parts.The first part of this article discusses the risk society, the risk of criminal law, the meaning and essence of Dangerous Criminal Negligence, and has a detailed description of negligence and dangerous.The second part of this paper will discuss whether the negligent dangerous act should be convicted from both domestic and foreign criminal theories. The author’s views on refute negative view of this paper leads that the negligent dangerous act should be convicted.The third part of this paper mainly discusses the legitimacy of negligent dangerous act under risk society into crime. The legitimacy of negligent dangerous act will be discussed in three aspects; there are legal analysis of the Dangerous Criminal Negligence, the realistic demand and related elimination of misfeasance.This paper focuses on the fourth part. The author analyzes domestic legislation of Dangerous Criminal Negligence legislation through Western society and Chinese social legislation at present. Legislation of Dangerous Criminal Negligence abroad is more comprehensive and more scientific. Compared with it, China’s current criminal law has a certain degree of shortage. By analyzing the shortcomings and learning from the advanced experience of foreign criminal legislation, the author puts forward some suggestions to improve our criminal legislation.With the development of the times, the role and status of Dangerous Criminal Negligence should be taken seriously. It is no longer the slave of intentional crime, And it should not be forgotten in the theory of criminal law and legislation. The reality of today’s society, the purpose of protection of legal interests, and the order maintenance are all require the Dangerous Criminal Negligence from behind the stage to play its due purpose. Research of the Dangerous Criminal Negligence particularly theoretical research should play a key role, because perfect Dangerous Criminal negligence theoretical research will not only provide suggestions for legislation, but also provide theoretical support for risk control, public interest protection, social and order maintenance of the role of the state. This is not only to deal with the risks, but also the requirement of the times.