On The Standard Of General People In The Crime Of Negligence

The standard of general people is not uncommon in the theory of criminal law,but its concept and position are still controversial and confusing.In particular,the content of general people's standard in different negligence crime theories is not the same.It can be agreed that the standard of general people is born with obvious objective characteristics.Therefore,in the past,the standard of general people was usually discussed only in illegal class,and it was absolutely forbidden to apply the standard of general people in the responsible class with strong subjective characteristics.This is essentially the myth that objectivism and subjectivism bring to the source.Only by studying what is truly objectivism and subjectivism can we find the real field of standard of general people.However,it can be determined that the standard of general people has a foothold in the theory of criminal law.This involves legal doctrine,political science,utilitarianism and modern science.Similarly,the theoretical structure of negligence crime is complex and diverse.Different negligence crime theories may have different standard of general people.Therefore,it is necessary to clarify important concepts in negligence crime theories,including duty of care and foreseeing possibility.In the revised old negligence theory,the standard of general people exist in both unscrupulous and responsible classes: In the illegal class,the standard of general people is stepwise general experience cognition to judge the establishment of causality;in the responsible class,the standard of general people is objective the evaluation criteria to understand the behavioral person's psychological state as a subjective evaluation object.Based on those,further deconstructing the standard of general people and linking the standard of general people through two concepts of attitude and knowledge with the judicial practice,thus reflecting the guiding role standard general people theory.