过失危险行为入罪研究-法学·法学理论专业论文.docxVIP

AB AB STRACT k 4肛，．entering past—modem society，Manbnd encounter more and Inore dangerous source in daily lif色．With the deVelopInent of society，the Penal Code，the shield of protection，is required to deVelop its better functions． the traditional penal theories，HoweVer，consider that the emergence of solid harm should be necessary if the inVoluntaIy dangemus crime establishes．Therefore，the inVoluntary crime in our current penal code is s仃ictly 1iIIlited to those behaViours that result in solid harm results，with fewer proVisions to identity the inV01untary dangerous behaViours．The situation obViously can’t meet the protection requests that the social deVelopment puts forward． 劢括弧icle inVestigates three countable proVisions of the Code about the crime in rnjstake，Views current foreign national proVisions on the 。- inVoluntary dangerous crime(regardless the Continental Legal System and me Co衄on Law Legal System)，begins with the conc印tion of the inV01untaU dangerous crinle，applies me conlparison methods to define me conc印tion of the crinle；the anicle explores the innate characters of the inVoluntary dangerous crime，and then giVes proof to support the need and ineVitability of increasing proVisions on the inVoluma巧dangerous criIne．Whether fIrom the View of theoretical analysis or in reality，it’s necessary to criIIlinally legislate soⅡle certain serious behaViour，which is against society． Although the scope of the establishment of the inVoluntary dangerous crime must be s仃ictly lirIlited in case CriIIlinal Law excessiVely interferes life．This does not in any way af．fect the course of crirnjnallegislation． 劢括article utilizes the method of coInp撕son and garne theory，studies f．rom the criIIlinal standards and 1i血tations，analysizes the domestic and intemational legislatiVe cases， focuses on me comerstone why the II inv01untary inv01untary dangerous crime exists in the Crirnjnal Law，then comes to a conclusion that the Cri而nal Law should haVe the space of more proVisions on me