The Application of Trust Principle and its Exceptions in Criminal Law——Taking the Road Traffic Accident for the Elderly as an Example
The application of the principle of the trust principle in criminal law in the field of traffic is mostly rejected because reliance is not socially equivalent.As an exception to the trust principle,the elderly and other vulnerable groups in traffic are protected by legal norms because it is unreasonable to expect them to behave safely.This helps address the safety of aging traffic.The application of the trust principle and its exceptions is relative and needs to be examined substantively based on its theoretical nature and the dilemma of its application.The actual circumstances of the existence or non-existence of trust are specific.And we are required to strictly determine the antecedent administrative norms,make adequate judgment on the foreseeability of damage and avoidability of damage.Also,we need to clarify the reasonable limits of the application of the trust principle,balance the reasonable allocation of criminal liability,and limit the reasonable scope of the establishment of criminal negligence,in order to protect traffic safety and freedom of conduct in an integrated manner.
trust principlecriminal negligenceduty of careavoidability of damage
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