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The Standards Of The Ordinary Caution In Criminal Negligence

Posted on:2015-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
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The crime of negligence is committed by one who fails to exercise oridinary caution and weather has the foreseeability and avoidance of outcomes. The standard of ordinary caution is the standard that stands in whose shoes when determine the foreseeability and the avoidance of outcomes. In the specific case, examine whether there is the foreseeability and the avoidance of outcomes, we need to consider people’s attention capacity. Whose capability should we pay attention to, stand in one’s shoes, or stand in public’s shoes?On the issues of the standard of ordinary caution, there are objective standard and subjective standard and compromise standard. Subjective standard argues that the standard should base on defendant’s shoes; objective standard argues that the standard should base on ordinary people’s shoes; compromise viewpoint argues that the standard should consider both the objective standard and the subjective standard. China’s criminal law scholars advocate compromise viewpoint that subjective as the main standard. Unlike China, the countries of Anglo American law system in the determination of criminal negligence, usually by the reasonable person standard, which mainly supplemented by objective subjective. Although both as a compromise, but the judgment basis is different.This paper mainly discussed the common law reasonable person standard. The first part is about the negligence in common law; second part is about the different standard of oridinary caution of the civil law and common law; third part is about a subjective standard critique of the reasonable person standard; fourth part about the duty of care of criminal standards should be lower than the civil duty of care; fifth part is about the perfection of the reasonable person standard.
Keywords/Search Tags:Negligence, Oridinary Caution, Reasonable Person, Subjective Standard, ObjectiVe Standard
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