Study On The Blank Counts Of The Accident Crime

China's criminal law describe the accident crime in the form of blank counts, for the blank description of crime is the crime legislation characteristics of accident crime based on the considerations, it can guarantee the stability and rigor of the criminal law. Widely used blank, is essentially a part of behavioral factors of Accident Crime Commission by other non criminal legal norms. Due to the immaturity of legislative technique, is not consistent with the principle of legality,many of the principles of criminal law where there is still a legislative model. In the blank legislative standard of unknown circumstances, the risk of criminal law theory to put forward new requirements to the criminal law as a means of regulation of accident risk,more and more non criminal legal norms of behavior extends to the crime circle,test the reasonableness of the demarcation of the crime circle. This paper attempts to analysis the legislative basis of the accident crime legislation f the blank counts, to reveal the problems of accident crime, and put forward some corresponding suggestions aiming at the existing accident crime problems in the blank counts. This paper consists of four parts,about 3.2 words:The first part, an overview of the accident crime blank counts. Define the connotation of accident crime,and summarize the crime involved in the accident crime in criminal law. On the basis of it to sort out the accident crime criminal legislation blank and supplementary specification form,analysis of accident crime contains special blank counts "rules and regulations" supplementary specification.The second part, the basis of the existence of accident crime blank counts. The reason why a lot of blank counts applicable in accident crime, mainly because of two reasons: first,starting from the angle of legislation, the blank counts will set part of the behavior of Accident Crime Commission by the relevant professional administrative regulations, it can make up for the deficiency of professional knowledge of criminal law; The proportion of statutory crime in criminal law is increasing, and the purpose of criminal law is changing from retribution to deterrence, application of accident crime blank counts is the inner demand of the development of legal crime; as an open crime constitution, the characteristics of the blank counts itself inclusive in favor of strict accident crime criminal law; Second, for the impact of foreign risk criminal law, China's criminal law began to focus on the prevention of crime risk. In view of the characteristics of the crime, the frequent, the risk source and so on, the blank counts has its own inclusive benefit to the accident risk prevention.The third part, the existing problems of the blank counts of accident crime. To summarize and analyze the problems existing in the accident crime blank counts. Mainly include: accident crime supplementary norms such as rules and regulations are not in conformity with the principle of legal property, lack of clear legislative norms of the provisions of the crime of accident, the lack of suitable rationality as blank examination procedure; between the norms of criminal law and legislation convergence insufficient, the supplementary standard limited supplementary application efficiency of accident crime blank counts; the supplementary duty of care of the accident crime is unclear, the judiciary ignores the characteristics of the accident crime,the standard of the duty of care is not unified. The problem of the criminal law of the blank counts has led to the dilemma in the process of judicial application. The judiciary has made a definite responsibility for the accident responsibility of the administrative organ, and directly acts as the basis for the criminal responsibility of the perpetrator, leading to the presumption of responsibility in some administrative law; The blank counts is difficult to understand, leading to the judge can only use a vague statement to clarify the legal basis in the criminal judgments, which is not conducive to the realization of the social effects of blank counts.The fourth part, suggestions on perfecting the blank counts of the accident crime. Mainly include: insist on the principle of necessity in the legislation, make an investigation whether it is necessary to use the blank counts,clarify and perfect the supplementary code of the accident crime, and insist on the independence of the criminal law when determining the accident crime, avoiding confusion between administrative responsibility and criminal responsibility. Establish an change mechanism of the supplementary norms, to avoid the frequent changes in the contents of the normative legislation caused by the problem of convergence.