On The Application Of The Theory Of Reliance In China's Traffic Accident Crime

With the development of science and technology and its application in social life,cars have become an indispensable means of transport.Traffic accidents thus go hand in hand in our daily life,and gradually develop into a serious threat to our life and property.Due to the surge in the number of traffic accident crime,the old theory of negligence based on the consequence without value theory could no longer adapt to the new social situation,the theory of conduct without value become the new standard of judging the establishment of criminal negligence.In response to the balance the danger and benefits of social risks,under the background of the evolution of negligence from the old to the new,the principle of reliance was born on the basis of the author concretely expound social permitting theory,reasonable danger theory and assigned danger theory.After established in Germany,the principle of reliance subsequently has been adapted by Switzerland,Austria,Japan and other countries in their legal theory and practice,and gradually expanded from transport to other areas,reflecting its vitality in the current society.The principle of reliance contains great practical value like restricting the scope of delinquent and balancing interests of all parties and preventing danger.Although it has already been born for nearly one century,and has been established in almost all countries of the continental law system,but our legislation on traffic accident crime still remains silent to it.The newly amended Road Traffic Safety Law didn't adapt the principle of reliance.Our judicial practice of handling traffic crime is still depends on the certificate of traffic accident issued by the police.Amendment eight to the Criminal Law started to punish dangerous driving,which expended the range of traffic accident crime.The handling of criminal negligence disputes ware puzzled by the uncertainty of the certificate of traffic accident's legal status,the mismatching of the duty of care between the motor vehicle drivers and pedestrians,non-motor vehicle drivers and the mixing of civil liability,administrative liability with criminal liability.In fact,the principle of reliance is urgently needed in our traffic accident crime,our local legislation and judicial practice have demonstrated the spirit of the principle of reliance.When talking about whether the principle of reliance could be applied in our criminal law,the criminal scholars turn to neglect its in-adaptation of our current criminal system.One of the most important reason why the principle of reliance,which relies on the theory of conduct without value,has not been adapted is that our criteria on judging negligence is the social harmfulness.If there were still practical obstacles like the unbalanced development of transport,strong tendency of protecting the weak,poor traffic moral sense in the introduction of the principle of reliance last century,with the development of our economic and infrastructure and the popularization of traffic safety knowledge,we basically possess the conditions of introducing the principle of reliance now.Certainly,there should be restricts in applying the principle of reliance in traffic accident crimes,especially when dealing with specific cases,that's the subjective,objective and limiting conditions.The introduction of the principle of reliance will optimize the distribution of danger in traffic areas,making the handling of traffic accident crimes more in line with the requirements of modern social fairness and justice.