A Doctrinal Study Of The Structure Of Negligent Crime

Article 15 of China’s Criminal Law defines the crime of negligence as "it should have been foreseen...because of negligence,it was not foreseen,or it was foreseen and credulous,so that this result could be avoided",and studies negligence as a subjective element of the constitution of the crime.In the doctrine of criminal law in Germany and Japan,negligent crime has different characteristics from intentional crime and has its special theory of negligent crime.With the change in the criminal theory system,negligence has transitioned from the purely responsible class to the illegal class in the criminal system,but the open elements of negligent crime also restrict it,so it is difficult to type it.Therefore,we should jointly construct negligent illegality from the perspective of normative theory combined with ontology.From the classical negligence theory to the new negligence theory to the objective imputation theory,it is most appropriate to take the breach of duty of care as the essence of negligent crime structure and the danger avoidance obligation as the core of duty of care,which is not only result-oriented but also can clarify the content of the duty of care and help the public regulate their behavior.To concretize the negligence crime objectively and subjectively is to sort out and improve the theory of negligence crime structure: on the objective level,negligence crime should violate negligence crime and result crime at the same time,limit negligence crime with obligation violation relevance,and limit negligence result crime with legal interest protection relevance.On the subjective level,the possibility of foreseeing determines whether the result of negligence can be attributed.We affirm the responsibility of negligence only by foreseeing the facts of specific constituent elements,the specific object of infringement,and the basic part of causality until the result occurs.Studying the structure of negligent crime and clarifying the specific standards of negligent crime identification can not only improve the theoretical level of criminal law dogmatics in China as a whole but also provide a more accurate analysis tool for judicial identification of negligent crime,realize the standardization of negligent crime identification,and be conducive to the unity of conviction and punishment and the protection of citizens’ human rights.