On Negligent Crimes

With the rapid development of science and technology, industry, transportation, construction and other fields of human activities is a sign of progress, of course, human activities in these fields there exist certain risks, but also there is negligence crime to complicate the. China's criminal law to punish intentional crime as the principle, with the punishment of criminal negligence is an exception. With respect to the offense of intentional crime, has its own characteristics, but their behavior can be punished, I think this is different and there is no intentional crime. From the perspective of the theory and practice of the first judicial practice for negligent crime punishment for intentional crime is compared, and based on the subjective attitude and the harm caused by the conviction and sentencing. Secondly, in the theory of criminal law in our country, for the study of criminal negligence is also put emphasis on the subjective state of mind. As to the study of criminal negligence criminal negligence. The objective of the punishment behavior in terms of the depth of research has not been carried out.Some scholars of negligent behavior attention in recent years. But in the judicial practice, on the one hand, to limit the duty of care and the essence of judging the risk of blurred, easily lead to judicial discretion is too large. On the other hand, due to the importance of the results of the neglect of the behavior of the punishment of criminal negligence, easily lead to expand the scope of punishment. The law proverb said: no criminal behavior. However, through the literature research for negligence in our country has been insufficient, especially in the study of criminal negligence will be given the burden of duty of care. The duty of controversy over the differences has not yet reached a consensus in theory, in the judicial practice because the boundary of the fuzzy judgment, for acts punishable by imputation, Do not provide a reasonable basis for. So, we should take the perspective of negligence criminal negligence, so as to solve the plight of negligent crime research in china.The author of the German and Japanese criminal negligence theory development, change and judgment of negligence crime in theory of crime method status in the system of. Through negligence from new negligence on the elements that the defective standard itself ambiguous. So I think we should need to learn from the objective imputation theory of Professor Luo Kexin in Germany, "not allowed danger" to define the crime of negligence. At the same time also provides a new way of constructing negligence crime judgment for our country.