Study On The Perpetrating Acts Of Negligent Crimes

In China, both in the legislation of criminal law and the field of criminal law theory, because of the ambiguity of the perpetrating acts of negligent crimes and the perpetrating acts of intentional crimes, whether a negligence act commits a negligent crime, it largely depends on the harmful result occurring. And almostly, after the real harmful results occurring, once able to identify the perpetrator subjective fault,namely having committed a negligent crime. China has experienced profound changes,the negligent crime’s elements of structure has difficulties to achieving its function,and improperly expanded the scope of punishment for negligent crimes. At the same time, the coupling constitutive elements of the harmfully criminal acts, which is defined with the other constituent elements in a circular logic confusion, fails to construct adequate space for the perpetrating acts of negligent crimes.The independence of criminal negligence, is related to the evolution of Criminal Behavioral Theory in German and Japanese. The birth of the Purpose of Acts Theory,claimed the collapse of Objective-Illegality&Subjective-Guilt System, fault is no longer simply exists on the stage of responsibility, also affects the constituent elements and objective illegality. Accordingly, the Duty of Care which was widely recognized became the core of the delinquent structure. With in-depth studying of Causation Theory, the Objective Imputation Theory which aimed to solve the construction of criminal negligence and is oppositely to the Subjective Imputation System has its own logical framework and has become more precise, covering crime constitution, causation and wrongfulness evaluation. The Objective Imputation Theory provides a new standard for negliegent crimes, Creating an Unallowed Risk.This paper is divided into three chapters. The subject of this paper is to create the standard of the perpetrating acts of negligent crime in China. Chapter I assumes the task of briefly introducing the negligent crimes and Criminal Behavioral Theory, and analyzing the Criminal Behavioral Theory of negligent crimes. Chapter II introduces and reviews the Criminal Behavioral Theory of negligent crimes in Germany and Japan, especially about the Duty of Care and Objective Imputation Theory. The main task of Chapter III is to build the standard of perpetrating acts of negligent crime in China.