The Behavior Illegal Of Negligent Crime And The Introduction Of Risk Factors

The history of the dev elopment of the moder n interpretation of criminal law is the study o n the elements of the crime of intentio nal system. Taking th is as the background, reg arding the negligent crime of atypical criminal, civil law countries are exploring the structure. But Germany and Jap an to explo re the illegal f ault limited progress in "breach of duty" and difficult to achieve a break through, the questio n of attrib ution of criminal negligence and the results are not dependent o n the imputation. While attention to negligent crime beh avior, the essence of full discussion of n egligence, to escape from the logic of the cycle th e backstepping beh avior an d the o ld negligence theory in the mire, an d establish and d eliberately made parallel system and an independent system of negligent crime.The concept o f risk in the r isk o f criminal law, to allow the risk theory, the objective imputation theory are discussed. S tudy on the risk of criminal law do es not n eed to be included in the risk that the risk society.Tolerable risk theory is the development of the society and th e responsibility as the suture expansion of punishment and the lack of coordination between, has been in the history is a supra law ground for elimination of misfeasance in the criminal th eory system. The objectiv e imputation will be introduced to risk of negligence, negligent crime brings to the research methodology innovation. The risks are not allo w ed to start construction of negligence, rid for the foreseeab le oblig atio ns and the obligation to avoid risk,manufacturing is n ot allo w ed as the essence o f negligence.The risk in this text is to stan dardize the evaluation of the behavior of people look for war d to the interests of the loss. In the objective impu tatio n theory, manufacturing to reconstruct the subversion o f the traditional theory of criminal n egligence on the risk, but also there is no solution, th e j udg e what is important when the legal risk, with the help of the concept of the methodology of the advantage disappeared. The author thinks, the negligent cr ime from the past passive, difficult and not as the distinction between the definition to admit mistakes have to implement the behavior, for th e development trend of fault correct. The essence should clar ify th e risk, can solve the problem that the negligent crime, it can also relieve th e objective imputation theory in one fell swoop in response to allow the use of the concept of limit the embarrassment.This paper argues that the r isk is different from the risk, it is difficult to use the abstract danger or the con crete danger for the footer. The risk is a kind of ben efit d amage expected, victim’s participation in a social situ atio n, th ere will be exp ected to damage the legal interests of th e situation, based on th e social order of the trust, there is good reason to expect social groups to play by th e rules, if the behavior of the damage to th e victim’s interests in th e rules inside, also no harm to the victim to damage their own interests is expected, so it will not be able to identify the perpetrator of the b ehavior is negligent.