Judgment Criteria Of The Predicting Possibility Of The Neglect Criminals In Our Country

In the long history of the development of criminal law,Delinquency was neglected until classical criminal law.With the development of modern industrial civilization,Even if the perpetrator did not actively pursue or allow criminality to happen,Some of the crimes caused by the lack of the foreseeable negligence crime was occurred frequently,In particular,focus on public transport,medical accidents,environmental pollution and other fields.In our country,the legislative norms of criminal negligence,the problem of foreseeable was be mentioned.In addition to the legislative and theoretical aspects,substantive judgments about the foreseeable of the delinquency need to be judicious.There are many theories to study the foreseeable,The status of the system under different theoretical constructs,the standard of determination,the object of judgment and so on will all affect the application on the law.This article focuses on the problem of foreseeable,and analyzes the development trend of the foreseeable by analyzing the extraterritorial experience of the foreseeable of the criminal.This article focuses on the theoretical choice of settling the foreseeable of fault criminals in our country and providing solutions to the judicial practical problems.This article aims foreseeable at the following aspects:First,raise the question.By sorting out the related cases of neglect crime,Propose the problem of an unknown standard on the judgment criteria of the foresee possibilities of neglect crime.Second,overview of domestic doctrines.Explain the controversy over the doctrine of judgment criteria of the foresee possibility of negligence in our country,and analyze the differences and defects between different doctrines.Third,the extraterritorial inspection.Study the historical development of the theory of delinquency in German and Japanese criminal law;Then clarify the different theoriesabout the foreseeable;Finally,analyze the tendency of the foreseeable possibility of delinquency and the status of the research.Fourth,doctrine reconstruction.The basic requirements for judgment criteria of the foresee possibility of negligence are formulated.In view of the defects and problems in the domestic doctrine,Propose the new theory of ability to distinguish to reconstruct judgment criteriaFifth,specific application.According to the new theory of ability to distinguish,analyze the front cases.Correctly solve the difficult problem on the judgment criteria of the foresee possibility of negligence in China.