Research On The Principle Of Trust In Criminal Law

The principle of trust is the key connotation in the theory of negligent crime.With the continuous evolution of the theory of negligent crime,the principle of trust has become the inevitable product of the development of the times.Its significance mainly focuses on the establishment of criminal negligent crime and the distribution of duty of attention,but the time of research on the theory of trust principle in China It is short and the depth of research is limited.This article first discusses the theoretical source of the principle of trust,and then discusses the relevant functions of the principle of trust and its specific application in judicial practice,and studies the judicial application conditions and significance of the principle of trust in the fields of transportation,medical services and supervisory negligence.The judicial practice provides some reference.This article is divided into three parts:The The first part introduces the principle of trust from three important theories,namely,the theory of social equivalence,the theory of dangerous distribution and the permissible theory of danger.Through the discussion of the scholars at home and abroad,the concept of the origin of the three theories is analyzed,and then the relationship between the three theories and the principle of trust is expounded.The author believes that the theoretical background of the principle of trust is the theory of social equivalence,and that the principle of trust has a realistic value in the realization of the goal of legalization.In addition,the theory of social equivalence is the equivalent of affirming and identifying the behavior that conforms to the generalvalue of the society and gives the action full.Trust,this point is interconnected with the principle of trust;the permissible risk theory,as the cornerstone of the principle of trust,serves as a function of limiting the permissible scope of the permissible scope;the theory of dangerous distribution has an influence on the distribution of the duty of attention,in order to restrict or exclude the responsibility of the offense of negligence.The second part discusses the function of the principle of trust and discusses the evolution of the theory of negligence.The development path of the theory of negligent crime is from the old fault theory which has just begun,and then it is renewed into a new fault theory until it extends to the new theory of negligence.The principle of trust has the function of restricting the negligent crime by the perpetrator.There are two main modes in the concrete mode,one is the foreseeable possibility and the other is the exemption from the duty of attention.By introducing the two negative modes of establishing the negligent crime.The author analyzes that the main function of the principle of reliance is to solve whether the actor should bear the responsibility for negligence and the allocation of specific responsibilities.The third part,combined with specific cases,explores the current situation of the application of trust principle in judicial practice,and discusses the development and practical significance of the principle of trust in the three major fields of our country.From the three fields of transportation,medical service and Supervision Negligence,the author demonstrates and illustrates with specific judicial cases.Based on this,the author Appropriate suggestions are put forward to provide reference for the application of the principle of reliance in China's judicial practice.After the reform and opening up,great changes have taken place in the economy and science and technology of our country.The transportation facilities are constantly perfected,the transportation tools are updated and the medical technology has a leap breakthrough.However,in the face of the rapid development of the political economy,the trust between people and the people is more of the time meaning.The principle of trust studied in this article is based on the principle of trust.Trust exists as a basis for the establishment of the theory,the existence of trust requires a basic trust in the process of public communication between people and people,and also requires thegradual promotion of the overall civilization of the people.One of the functions of the principle of trust is the distribution of the danger and the assignment of the duty of attention.The theory has shown the trend of introducing the principle of trust in our country.The first is that the principle of trust is an important feature of the transition from the old negligence theory to the new one in the fault theory system.It is because the theory of trust is derived from the progress of human society and is the result of the balance of social interests.Through the discussion of this article,we can see that the application of the principle of reliance is in line with the trend of social development in China.In the concrete practice,many problems will appear because the assignment of attention obligation and specific interests to the stakeholders is quite complex.Therefore,the application of the principle of trust should be delimited in the application of the trust principle,but we should not ignore the principle of trust in stabilizing the society.The role of ethical order and balancing social interests.