Research On Notice Obligation Of Traffic Crime

At present,science and technology are changing with each passing day and the social modernization process is accelerating.While enjoying social progress,air accidents,road traffic accidents,medical accidents,mining accidents,fires,environmental pollution and other liability accidents occur frequently,resulting in a large number of personal and property losses.Criminal negligence the harm to the society is not only a large increase,but also the degree of more and more serious,especially as one of the important criminal negligence crime,traffic offense behavior as people living standard rise and rapid growth of the number of private cars is increasing,the damage to the society shows a tendency of jumped,but in the field of criminal law study,as the basis of traffic accident,negligence crime theory and the intentional crime warrant theory,its theoretical study is not very enough.As a classical problem of negligent crime,duty of care is studied in the context of traffic accident crime,which can further reveal the necessity of the theory of negligent crime developing with the progress of science and technology.Based on this,we can also deeply explore the relationship between the theory of negligent offender and transportation behavior.This paper is divided into five parts:Part one: introduction,clear awareness of the problem,and give the overall approach to the paper.Part two: in this part,the crime of traffic accident is explained.Firstly,it emphasizes that duty of care is the core element of criminal negligence,and clarifies the connotation and foreseeing possibility of duty of care.Secondly,the theoretical evolution of duty of care is analyzed.It shows that the duty of care in the old negligence theory emphasizes the realization of the possibility of predicting the result,while the duty of care in the new negligence theory reflects the requirement of the possibility of avoiding the result.Finally,the duty of care in traffic accident is sorted out as a whole.Part three: the establishment of the judgment of the violation of duty of care in the crime of traffic accident.Firstly,the judgment criteria of the violation of duty of care in the crime of traffic accident are discussed.The determination of the violation of duty of care should meet the following three requirements: the existence and source of duty of care,the ability to pay attention,and the negligence of paying attention.Secondly,how to choose in case of conflict of duty of care is discussed to provide a more clear and specific measurement standard.Part four: restrictive factors of violation of duty of care in the crime of traffic accident.This part mainly discusses the limiting factors of duty of care,which mainly exist in current theories: the theory of allowable danger and the theory of allowable danger.The theory of allowable danger and the principle of trust define the extension of the ultimate duty of care in traffic accident,limit the scope of liability of negligent crime,and limit the duty of care.Part five: conclusion.Emphasis should be laid on the key points to measure and determine the duty of care in the crime of traffic accident.