The Localization Image Shaping Of The Theory Of Negligent Dangerous Crimes

In the process of modernization,the potential risks have reached an unprecedented level,the picture of the risk society has gradually become clear,and the criminal law theory is also facing the challenges brought by the risk society.The modernization of the criminal law system must rely on the shaping and innovation of corresponding theories to further advance.As a high-profile theory under risk criminal law,the theory of dangerous crimes of negligence is an innovative theory that distinguishes from attempted crimes of negligence,takes the theory of new negligence as the theoretical support,and combines negligent crimes and dangerous crimes.The irreparable harm caused by negligence crimes and the practical dilemma of lack of regulation of negligent dangerous behaviors make the theory of negligent dangerous crimes the most cutting-edge theory of criminal law to deal with risks.The existence of dangerous crimes of negligence has a theoretical basis of justification and a feasible legislative basis,and the view of violating the principle of responsibility for results and the principle of modesty in criminal law cannot negate the application space of the theory of dangerous crimes of negligence.Under the urgent requirements of risk management in modern society,the establishment of dangerous crimes of negligence is to the pointThe dangerous state and negligence of negligent dangerous crimes are the core issues of clarifying the theory of negligent dangerous crimes,the key to establishing the criminalization of negligent dangerous acts,and an important yardstick for delineating the boundary of negligent dangerous crimes.Shaping the doctrine of the internal theory of dangerous crimes of negligence and facing the substantive problems of dangerous crimes of negligence is a breakthrough point for solving the much-criticized theory of dangerous crimes of negligence and is the basis for realizing the reasonable and realistic application of dangerous crimes of negligence.The dangerous state of a negligent dangerous crime is a specific dangerous state with normative relevance that gives rise to the actual possibility of infringement of legal interests,and it is an accidental state in which the actual harm result does not occur.The establishment of negligence liability for dangerous crimes of negligence is the result of the combination of normative and psychological levels.The determination of a negligent entity depends on the actor’s violation of normative expectations,that is,the violation of the duty of care embodied in the obligation of avoidance of results,and the judgment of the obligation to avoid results should adopt the standard judgment position of the actor.Considering the motive of the actor’s objection and the failure of the actual harmful result to occur,the subjective guilt of the actor for violating the obligation to avoid the result should be limited to the fault of overconfidence.That is,the negligent dangerous crime is embodied in the situation in which the perpetrator acts out of overconfidence and violates the standard behavior expected by norms,resulting in a specific danger of legal interests.The local structure of negligent dangerous crime focuses on the discussion of the legislative structure of local dangerous state and the criminal structure of global negligent dangerous crime.The legislative structure of the dangerous state of negligent dangerous crimes should be reflected in the criminal law provisions as a realistic and serious "blunt dangerous" paradigm;The criminal structure of negligent dangerous crimes is limited to the field of public security legal interests related to personal safety,and the construction of a typed crime model of general negligence and business negligence,and equipped with appropriate punishment measures.Under the scientific theoretical structure and institutional construction,it is necessary to balance minor crimes and major harms,standardize the practical application of dangerous crimes of negligence,realize the reasonable regulation of negligent dangerous crimes,and respond to the needs of society,so as to make negligent dangerous crimes reasonable and predictable in theoretical investigation and practical practice.