The Theory Of Criminal Negligence Foresighted In Chinese Criminal Law

Criminal negligence is a subjective element of negligent crime and represents the actor's subjective malignancy.Subjective factors like whether the behavioral agent has the ability to foresee,whether the object he foresees is correct and whether the degree of foresee complies with the standard have a certain influence on the establishment of criminal negligence.Studying the “foresee” in criminal negligence can not only lay a foundation for the research of relevant theories of the criminal law,but also solve problems related to “foresee” in the judicial practice more conveniently and efficiently.China does not illuminate the meaning of “foresee” in the criminal negligence both from the theory of criminal law and legislation layer.This paper needs to first define the basic concept of “foresee” and make clear of the fundamental connotation of “foresee” as the basis of the theoretical research.Then this paper sorts out different classifications of “foresee”,makes a general interpretation of the connotation of “foresee” and master basic knowledge related to “foresee” accurately and skillfully.Various constitutive requirements of “foresee” are primary causes for the actor's incorrect prediction.Affected by one or a few requirements,the actor is unable to correctly infer the development trend and results of the event.The essence of judgment on “foresee” is the interpretation of the actor's subjective psychological activity which is inherently exclusive and convert,so the judgment on “foresee” becomes a difficulty in the judicial practice.This paper mainly adopts the methods of comparative analysis,induction and summarization and empirical research to make fundamental induction of “foresee”,deconstructs and analyzes the title,introduces “foresee” in negligence from the foreseeing object,foreseeing degree,foreseeing ability and foreseeing time and then discusses how to judge “foresee”.Furthermore,it innovatively establishes a certain logical order among constitutive requirements of“foresee”,namely foreseeing time-foreseeing ability-foreseeing degree-foreseeing object,and scientifically ascertains the subjective problem of criminal negligence to ensure the correctness of the result,avoid cases of wrongly,falsely and unjustly repudiated and guarantee the fairness of the law.This paper discusses in sections,organizes in details and strives to deepen the cognition of “foresee” and solve relevant difficulties in judicial practice.