Study On Negligent Crimes From The Perspective Of The Objective Imputation Theory

Negligent crimes can not be typified or standardized in the stage of evaluating the scope and availability of constitutive requirements owing to its open attributes.Nevertheless,making balance between legal protection and human rights safeguard is undoubtedly an important task for modern nations governed by law.However,although the old and new negligence theory,each of which focuses on the foreseeable possibility and the objective obligation,has formed relatively independent constitutive systems based on their own theories,there's still no specific standard for crimes evaluation.And at present,it is still difficult to well balance the relationship between legal protection and human rights safeguard because of some factors-----the subjectivity and the abstractness of foreseeable possibility,the source of the objective duty and the ambiguity of the standard.The Objective Imputation Theory,serving as a substantive theory about illegality,makes the study of negligent crimes objective,standardized and systematic by the way of analyzing necessary risks for the negligence,which is of great significance in both empirical and methodological aspects.On the contrary,in China,negligent crimes are often studied as subjective negligence.Negligence has been seriously neglected and inevitably confronted with problems in juridical practice because of its thick subjectivity.Under this circumstances,the Objective Imputation Theory is considered as the necessary factor of objectively constitutive requirements to evaluate the negligent crimes.Thus,the protection role should be attached great importance and the possible risks can be served as the standard for evaluating negligence.And at the same time,must be referred to in the process.Still,for judging risks,the cognition of doers should also be investigated.And in the process of attribution,great attention must be paid to normative evaluation of results,protection function should be taken into full play and advantages of the administrative law must be adhered to in relative risks.Only in this way can we reasonably limit the scope of punishment for negligent crimes and strike a balance between legal protection and human rights safeguard.