Research On The Case Of Negligent Homicide Caused By A Huolala Drive

In the negligent crime of omission,it is necessary to judge comprehensively whether the behavior of the doer should be subjected to the negative evaluation of criminal law.This article takes the case of the driver’s negligence as the starting point,and comprehensively analyzes what conditions should be met to establish the crime of negligent homicide by inaction.Firstly,it is necessary to judge whether the doer’s behavior violates the act obligation in the formal act deontology according to the source of the obligation.Secondly,the subjective psychological characteristics of the doer should be taken as the standard to judge whether the doer violates the duty of care in the subjective aspect.Finally,according to the objective imputation theory,the author analyzes whether the doer creates the risk,whether the risk is realized and whether the harm result conforms to the legal constitutive requirements,which provides a theoretical basis for judging whether the causal relationship exists and whether the imputation should be made.