论犯罪过失的证明.pdfVIP

Abstract Criminal negligence is an extremely important part of the theory of negligent crime, it has emerged said of no recognize and the results of neglect and the results of avoiding in history. It preferably achieves an unity of subconscious and unconsciousness, subjective mentality and objective reality, criminal constituent elements and the source of responsibility in negligent mental state. The subjective nature of the criminal negligence decides it difficult to prove in the judicial practice, and the kinds of subjectivity throughout all aspects of the theory of criminal negligence. But the objective attributes of consciousness make criminal negligence cant escape from the objective world and pure exist in isolation. At the same time, the criminal negligence theory gradually matures and proves itself means growing science enabled us to see the proof of criminal negligence. Proof of criminal negligence consciousness factor and will factor in essence can be summarized as proof of duty of care and attention ability. Proof of duty of care includes two aspects of the source of obligation and the act of perpetrating, proof of attention ability can be summed up as the perpetrator of the main factors and the main external factors. The violation of the former is the essence of negligence crime, the latter should also include the Chinese criminal law stipulated in article 16 of the force majeure and unforeseeable circumstances. Statutory criminal proof standard is difficult to implement in the field of criminal negligence so that it need to be appropriate to lower the standard. Learn from the theory of Continental system, the inner conviction can apply to the field of criminal negligence. It is closely