The Duty Of Care Of Ordinary Negligent Crime

In the criminal law theory, the negligent crime can be divided into two aspects:the ordinary negligent crime and the professional negligent crime. Depending on the universality of the the ordinary negligent crime, it is necessary to analysis the duty of care in it even though the amount of provisions which about the ordinary negligent crime is small.The duty of care is one of the normative factors as well as the essence of the ordinary negligent crime. There are two aspects that should be considered when judging whether someone is guilty. One is the objective matter of the duty of care, and the other is the ability of care. In the ordinary negligent crime, the originals are widely so that it would be easy to limit the scope of the normal social activities. In order to avoid such circumstances, it is necessary to discuss the content of the duty of care. At the same time, as the base of the duty of care, the ability of care is related to the possibility of illegality and the causal relation. According to this reason, it can not analysis the ability of care in all directions unless take those aspects into consideration. On the contrary, the principle of trusty can hinder the application of the duty of care. It is significant to distinguish "trust" and "believe", or it may break relationships among human. In conclusion, thinking all the aspects carefully that were mentioned before can offer assistance to fully understand the duty of care of ordinary negligent crime.