In The Perspective Of The Objective Imputation Theory Of Negligence Crime

In criminal law theory, "behavior" as an important content of crime constitution theory, has a form and in essence. Formally, the behavior is the behavior that meet the requirements of crime constitution; In essence, the behavior is lead to the result of the law on the crime types of dangerous behavior. On how to constitute the crime, criminal negligence of duty of care, content as well as some special cases, the imputation, academic circles still exist larger debate. According to the theory of crime constitution in our country, negligence crime as an evaluation objective aspect of crime, can be used as an important point of criminal negligence theory.In for what is considered "criminal negligence", "what is a negligence", such as proposition, old fault in criminal law field theory, the new negligence theory, the correction of error theory and super battle over the new negligence theory, the specific performance is criminal negligence crime, fault of the content of the perpetrating act, including correction of negligence theory thinks the establishment of criminal negligence with intentional crime except responsibility requirements of different components in conformity stage of the same to inspect the implementation of the uniqueness of people’s behavior, all components in judgment level of conformity for perfecting and developing the theory of the original. Modified theory of negligence claims, not as long as the judge concluded that the offender after the results have foreseen the possibility of conclusion establishment of negligent crime, must exist in the constitutive requirements of conformity stage occurred constitutive requirements the essence of the results of a certain degree of risk behavior; New negligence theory argues that the theory of old negligence of duty of care shall be taken by results foresee obligation to move to avoid duty, and will this avoid obligations in the constitutive requirements set the benchmark for the behavior of the objective, that is to say, become the objective duty of care, thus formed the theory of subjective and objective fault negligence double fault. And the new negligence theory with allowed danger theory, the principle of risk allocation of legal theory and trust have close contact.However, both the new negligence theory and correction of the fault of negligence crime constitutive requirements and behavior of the provisions of the laws of evaluation has obvious flaws and shortcomings. The obligation of correction error theory results predicted benchmark in theory there are objective, subjective and eclecticism, standard is not unified; The new negligence theory also setting behavior benchmark problemscould result as a person’s work and belonging to the offender" theory, on the basis of the causal relationship between behavior and result, using the method of point of view of causality. He explicitly pointed out: "the objective imputation theory for examining negligent crime, is a very important theory, because with the influence of the objective imputation theory for negligent crime identification as the core, the system for inaccuracy orientation, the objective imputation principle of trust and the relationship between traffic offences, the use of the" in-depth studies. So, for the crime, as a result of mistake objective imputation has special meaning for solving criminal negligence. This paper argues that, in our country, from two aspects of judicial practice and theory development, negligence crime has the value of independent existence. According to the "violation of a duty of care" and "do not admissibility risk said" the comparison of the advantages and disadvantages of, and combined with our country’s criminal law theory framework, this paper in order to "do not admissibility risk" as the cornerstone, try for the components of the negligent crime and criminal negligence result of concrete determination to create the basic rules.