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On Delinquent Imputation Criteria

Posted on:2017-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhouFull Text:PDF
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As we all know, the duty of care is the core concepts of the theory of criminal negligence, and thus, in theory, delinquent liability in determining the course of the review should focus on the behavior of people is a violation of the duty of care standards. But among the field of criminal negligence, there are many such cases: the perpetrator violates the duty of care specifications, and lead to the reality of the infringement of legal interest result. On the surface, it should be attributable to negligence. However, according to the case when the behavior point of view, even if the perpetrator to comply with the obligation norms, careful to fulfill the duty of care, the result of infringement of legal interest still can not be avoided. In this case, whether the perpetrator can be prosecuted for negligence? From the judicial practice, the main there are two views: one, based on the theory of force majeure, the behavior is determined not guilty; secondly, based on the theory of criminal negligence, accountability for perpetrators of criminal responsibility. Visible, the verdict against the problem does not have a unified community of practice, which is clearly contrary to the Criminal Code of fair balance.In addition, for this problem, the current theory of criminal law scholars also have different views, summary, mainly attributable to the following ideas: objective imputation theory, the results to avoid the possibility of the theory, quite causation theory, assuming causation theory as well as increased risk theory. Seem, there are many criminal law liability criteria, but unfortunately there are various doctrines a certain degree of defects can not be the perfect solution to delinquent determination of liability issues. Therefore, this article focuses on delinquent criteria of attribution, in order to better address the delinquent liability issues.In addition to the introduction and conclusion of this article is divided into the following four parts:Part I: delinquent-related issues of liability. First, this section describes the meaning of the delinquent, and what is criminal negligence liability. Secondly, this part analyzes the reasons for delinquent conduct imputation, that delinquent illicit nature, resulting in the constituent elements of the infringement of legal interest result. In addition, in view of the criminal law has a punishing crimes, protecting the legal interests of the function, and thus should be attributable to the delinquents. Then, further analysis of the nature of delinquent illegality(breach of duty of care) as well as the duty of care criteria(note capability). Finally, a comprehensive analysis of the hazards associated with the breach of obligation results, presented the views of existing disputes and doctrines of this article.Part II: Traditional delinquent criteria of attribution. This section describes the full range of traditional delinquent several liability criteria. Including the objective imputation theory, the results to avoid the possibility of the theory, quite causation theory, it is assumed causal theory and the theory of increased risk.Part III: Traditional delinquent liability judged inadequate standards. This part is divided into two parts. First, a comprehensive analysis of a variety of traditional delinquent liability theory theory defects. Secondly, the practical difficulties delinquent liability, that is when the perpetrator cautious fulfill the duty of care, the result is still infringement of legal interest can not be avoided, the court there are two distinct approaches- one is treated in accordance with force majeure, acts of innocent people, Second, according to the processing delinquent behavior guilty.Part IV: Liability delinquent criteria for new exploration. This portion introduces two new exploration scholars made to break the existing delinquent liability criteria defects. Firstly, the obligation to co-build alternative behavior on causation process. Include the following: What are the selection criteria combined duty alternative behavior, co-obligation alternative behavior to substitute the behavior to build co-obligation causal process, whether caused by the same method Comments Infraction results and the theory. Secondly, the views of this article. This paper advocates should learn the theoretical risk allocation mechanisms common law, based on the relative behavior of people involved in varying degrees, to determine whether the behavior of people attribution, and further determine the extent of liability.
Keywords/Search Tags:delinquent, delinquent liability, judgement standard, co-obligation alternative behavior, risk allocation mechanism
PDF Full Text Request
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