How to understand the negligence of negligence should be foreseen

The premise for negligent negligence to be established is that the actor "should have foreseen" that his or her conduct might have consequences harmful to society, and "should have foreseen" includes the actor's obligation to foresee, ability to foresee, foreseeability, and statutory consequences that endanger society. Among them, how to determine "foresight ability" is the focus of controversy in criminal law academic circles, and subjective theories, objective theories and compromise theories have been mainly formed. However, these three theories cannot fully solve the problem of the foresight of the actor, and the author makes a brief analysis of this, arguing that only by understanding the foresight ability as the subjective criterion of the person's correction "after excluding the actor's undue personality defects" can the problem of the foresight of negligent negligence be properly explained.

Article 15 of China's Criminal Law clearly stipulates: "A person who should foresee that his or her actions may have a result harmful to society, but he did not foresee it because of negligence, or he had foreseen it and believed that it could have been avoided, so that such a result occurred, is a crime of negligence." According to this provision, China's criminal law theory circles generally believe that the crime of negligence consists of negligent negligence and overconfident negligence, among which, negligent negligence refers to the psychological attitude that the perpetrator should have foreseen that his or her behavior might have a result harmful to society, and because of negligence, he did not foresee it, so that such a result occurred.

However, how to determine the "should have foreseen" in negligent negligence is the focus of debate in academic circles and judicial practice.

It is clear that foresight is an obligation to foresee, but the obligation to foresee presupposes foreseeability, and foreseeability presupposes foreseeability. Therefore, the obligation to foresee, the ability to foresee, and the foreseeability become the necessary conditions for "should have foreseen" in negligent negligence crimes, and at the same time, the object of "should have foreseen" is "the result of endangering society", so the object of foresight is also a necessary condition for understanding "should have foreseen".

Where negligence or negligence is negligent, it shall be foreseeable, which means that the actor has the responsibility to foresee and has the ability to foresee at the time of the act. If it should not have been foreseen at all, there is no subjective guilt and no criminal responsibility. Foresight includes both the obligation to foresee and the ability to foresee.

1) Duty of foresight. The perpetrator has a duty to foresee the occurrence of the outcome.

2) Ability to foresee. That is, the perpetrator should foresee, and if he cannot foresee, he will not bear criminal responsibility. To judge whether a person has the ability to foresee, there are three main propositions: subjective, objective, and compromise.

In fact, the objective theory of business negligence should be adopted. For ordinary negligence, it shall be based on the actual circumstances and the actor's foreseeability shall prevail. Article 15 of the Criminal Law of the People's Republic of China stipulates that a person should foresee that his or her actions may have a result that is harmful to society, and it is a crime of negligence if he fails to foresee it because of negligence, or if he has foreseen it and is gullible enough to believe that such a result can be avoided.

Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

In the case of negligence, the perpetrator should have foreseen that his or her conduct might have a harmful result for society, and because of negligence, he did not foresee it, resulting in such a harmful result.

Legal basis: Article 15 of the Criminal Law of the People's Republic of China.

It is a crime of negligence to foresee that one's actions may have consequences that are harmful to society, and those who regret not foreseeing them because of negligence, or who have foreseen them and are gullible enough to believe that they can avoid such a result, are guilty of negligence.

For crimes of negligence, only those who have been provided for by law shall bear criminal responsibility.

Negligent negligence refers to the perpetrator's failure to foresee that his or her actions may have a dangerous and harmful effect on society due to negligence, resulting in the occurrence of harmful results. Only the perpetrator of a crime of negligence shall be held criminally liable if the law provides for it.

[Legal basis].

Article 15 of the Criminal Law of the People's Republic of China stipulates that it is a crime of negligence to foresee that one's own conduct may have a result that is harmful to society, but it is a crime of negligence if one fails to foresee it because of negligence, or has foreseen it and is credulous enough to believe that such a result can be avoided. Only those who commit crimes of negligence shall be criminally liable if the law provides for them. Article 233 of the Criminal Law of the People's Republic of China: Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given.

Where this Law provides otherwise, follow those provisions.

Negligent negligence, which should have been foreseen but was not foreseen, is a crime of negligence, and therefore only those provided for by law are criminally liable.

Legal basis: Article 15 of the Criminal Law Aoqinsui should foresee that one's actions may have a dangerous result that will harm society, because Liang Bu was negligent and did not foresee it, or he had foreseen it and believed that it could have been avoided, so that such a result occurred, it is a crime of negligence.

Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

Legal Analysis: Negligent negligence refers to the psychological attitude that the actor should have foreseen that his or her behavior might have a harmful result that would harm society, and the pure book did not foresee it because of negligence, resulting in such a harmful result.

Legal basis: Criminal Law of the People's Republic of China

Article 15. It is a crime of negligence to foresee that one's own actions may have consequences that are harmful to society, and those who fail to foresee them because of negligence, or who have foreseen them and believe that they can avoid them, so that such consequences can occur. Calendar pants no.

Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

Legal analysis: If the perpetrator causes results that endanger society due to negligence, he is a negligent offender, and only when the criminal law clearly stipulates that the negligent offender constitutes a crime, he shall bear criminal legal responsibility.

Legal basis: Article 15 of the Criminal Guessing Law of the People's Republic of China.

Crimes of negligence] It is a crime of negligence to foresee that one's actions may cause harm to society, and those who fail to foresee it because of negligence, or who have foreseen it and believe that it can be avoided, so that such a result occurs. Only those who commit crimes of negligence shall be criminally liable if the law provides for them.