Determination Of Criminal Negligence

As prescribed in article 15 of the criminal law, the perpetrator who should foresee their behavior could harm the public benefit but because of the negligence didn't see it, or although did see how it would go but because of arrogant to believe he/she could avoid it, thats what we call it criminal negligence. this is the conception of our criminal law of negligence. This essay is ame to discuss, the cognizance of criminal negligence, crime deterrent for fault, criminal negligence four aspects carries on the discussion of the difficult problem, hope for the cases of criminal negligence in the judicial practice to provide theoretical reference.About the nature of criminal negligence, the theory of criminal law mainly have to know, do not pay attention to, avoid the results, serious irresponsible said four point of view, this article will be to make the brief analysis of the four views, and in this paper, the nature of criminal negligence. The cognizance of criminal negligence is divided into "should foresee" determination, overconfident negligence and supervision negligence "trust" in the subject of three aspects, that is for the cognizance of criminal negligence is sure. On the contrary, the trust principle, allowed danger, the victim from a risk and legal alternative is to deny the cognizance of criminal negligence.On criminal negligence must have determination and deny that have a comprehensive understanding of, apply the cognizance of criminal negligence to the difficult problems in judicial practice, namely, the cognizance of criminal negligence in the aggravated consequential offense and the cognizance of criminal negligence of dereliction of duty.Criminal negligence as one of the core components of the negligence, is taken seriously in the theoretical circle of criminal law. Negligence crime is behavior person to bear their own negligence subjective foundation of criminal responsibility according to law, shall be sentenced to negligence crime, the biggest problem in the judicial practice, that is, the criminal suspect to decide how to practice the behavior of crime psychology, namely the cognizance of criminal negligence. In dealing with criminal negligence cases, if criminal negligence is not identified, then most likely to make processing of innocence, or due to an accident, emergency actions, so easy to indulge crime, also easy for people to create the false impression that negligence crime is not punished. So, the article second part about the cognizance of criminal negligence is the focus of this article.