Study On The Stereotyping Of Negligent Perpetrating Act

There are many important theoretical and practical values on the study of stereotyping of negligent perpetrating act.In the abstract,it is consistent with the two basic principles of criminal law-Principle of legality and Principle of suiting crime to punishment.In practice,it also caters to the need to break the excessive dependence on "social harmfulness" and distinguishes the implementation of negligent crime from the general negligence and violation.At present,there are many drawbacks in the legislation and judicature of the stereotyping of negligent perpetrating act in our country.The general principles of China's criminal law only set norms on the subjective aspects of negligent crime,but not the implementation of negligent crime.The criminal law points out that the implementation of negligent crime is equivalent to the implementation of intentional crime or confused with the aggravated consequence of administrative violations.The cognizance of negligent crime in judicature is either too formal and neglects the infringement of legal interests of the nature of the act,or too much use of typological thinking and neglects the formal conformity of the constituent elements.To solve these problems,we can learn from the advanced theories of Germany and Japan,and finally formalize the behavior of negligent crime as a violation of objective obligations in form and as a danger that is not allowed by law in essence.In addition,we regard formal stereotypes as positive identification factors and substantive stereotypes as negative exclusion factors.Finally,returning to the concrete solution of the problem of the behavior stereotypes of negligent offenders in our country,there are two principles.First,adhere to the unity of formal stereotypes and substantive stereotypes;Second,we must insist that formal stereotypes take precedence over substantive stereotypes.The deficiency of negligent crime in legislation can be made up by using " exemplification method" in legislative interpretation and judicial interpretation,and the excessive use of typified thinking can be corrected by formal rationality in the judiciary.