On the Behaviors of Consisting Elements of Negligent Offenses and Their Determination
The general view of criminal law in China regards objective inattention as a constituent act of negligence,and considers negligent acts to have the attributes of both action and inaction.This view is contrary to the normative setting of hazardous result as a necessary component of negligent wrongfulness.The breach of the duty of care should be regarded as an antecedent act that creates a risk not permitted by the general law,outside of the existential way of thinking.Duty of avoidance and duty of anticipation are criminal obligations of action triggered by the prior act,and they are not equivalent to the duty of care.It is the inaction of the perpetrator in failing to fulfil the obligation to avoid the result that constitutes the constitutive act of the negligent offence.The assumption of cooperation as a substitute for obligation and the exclusion of exceptional intervention factors should be adopted to separately test the constitutive elements and results of negligent offense.The way of thinking about defining the behavioral attributes of the constituent elements of negligent crimes can help restore the regulatory content of supervising negligent crimes.This type of crime includes two criminal components:intentional illegality and negligent illegality,regulating the violation of supervision and management obligations and the omission of failure to fulfill the obligation to avoid consequences.
negligent offenceomissionsduty of result avoidanceduty to cooperate as a substitute for the act hypothesissupervision of negligent crimes
万方数据
维普
