What is an unforeseen event? What is the difference between it and negligent negligence?

1. The so-called accident in criminal law refers to the fact that although the perpetrator has caused objective damage, it is not intentional or negligent, but caused by unforeseeable reasons, which is called an accident in criminal law theory. 2. There is an essential difference between negligence and accident, but in judicial practice, it is often difficult to draw a clear line between negligence and accident, because there are still many similarities between negligence and accident. For example, the perpetrator did not foresee the occurrence of a harmful result in advance; The perpetrators have a negative attitude towards the harmful consequences that will occur.

However, in practice, when determining the form of the actor's subjective guilt, it is difficult to clearly distinguish whether the perpetrator foresaw the harmful consequences that would occur before the harmful result occurred, so that when convicting and sentencing, two erroneous tendencies may appear: first, those acts that are irresponsible and perfunctory in their work and cause serious damage to the interests of the state and the people are treated as accidents, so that the person who should bear criminal responsibility escapes the punishment of criminal punishment; Second, it is also possible to treat those accidents that have very serious harmful consequences, but the perpetrator is subjectively not guilty, as a crime of negligence, resulting in the erroneous handling of the crime of improper punishment and "objective imputation". In order to avoid the occurrence of the above-mentioned wrongful cases, it is necessary to conscientiously conduct in-depth and meticulous analysis and study of the circumstances of the case, and use the theory of criminal law to distinguish the truth of the facts, so that the guilty will be punished and the innocent will not be prosecuted.

Accidents are similar to negligent negligence, but they are fundamentally different. The similarity between the two is that neither of the perpetrators foresaw the outcome of their actions. The essential difference between them is that an accidental event is an accident that the actor could not have foreseen or should not have foreseen but did not foresee the occurrence of the harmful result, while negligent negligence means that the actor could and should have foreseen the possibility of the harmful result of the act, but only failed to foresee it due to negligence.

This distinction also shows that accidents are not criminally responsible, while negligent negligence is the root cause of crimes. Therefore, it is of great significance to judge whether the actor can foresee it according to the actor's actual cognitive ability and the objective situation at the time, so as to correctly distinguish between the accident and the negligence.

An unexpected event usually refers to something that cannot be foreseen in advance, subjectively without intention, and cannot control the consequences; It is different from negligent negligence, which usually means that there is negligence in foreseeing, because negligence was not foreseen, and if the act that should have been avoided was foreseen, there was negligence. For more details, please see the law books.

To put it simply, an unexpected event is a purely impossible event; Negligent negligence is one that should have been foreseen and did not cause the event to occur due to subjective negligence.

Accidents should not be punished. Negligence is punishable.

The difference between the two mainly depends on whether the parties have the obligation to meet, and then look at the ability to meet.

Here are their differences.

Legal Analysis: Negligent negligence is failure to foresee when it should have been foreseen, and unexpected event is failure to foresee because it was unforeseeable. The core point of distinction is whether there is a possibility of foreseeable results.

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

Article 15: Paragraph 1: A person who should foresee that his or her conduct might have a result that is harmful to society, and who fails to foresee it because of negligence, or who has foreseen it and is credulous enough to believe that it can be avoided, is guilty of negligence.

Article 16: Where conduct objectively causes harm, it is not a crime if it is not intentional or negligent, but is caused by irresistible or unforeseeable causes.

The similarity between accident and negligence is that both objectively have a result, and neither foresees the result of the act.

The difference between the two:

1. In an accident, the actor should not have foreseen or could not foresee the occurrence of the harmful result, while the negligent negligent actor should have foreseen and could foresee the occurrence of the harmful result, but did not foresee it only because of negligence.

2. Therefore, the key to distinguishing between the two is to determine whether the actor should have foreseen and could have foreseen.

3. Negligent negligence is usually called negligence without knowledge, the actor did not foresee that his behavior might have a harmful result that would be harmful to society, and the failure to foresee it is not that the actor could not foresee the harmful result, but because of negligence on the premise that it should have been foreseen, if the actor was cautious and conscientious and responsible, then the occurrence of harmful results could be foreseen.

Basis for judgment:

1. The basis of judgment should be to combine the level of foolish and prudent intelligence of the actor, the danger of the act itself, and the objective environment of the act.

2. The method of judgment should persist from objective to subjective, and combine the duty of care to ordinary people with the intelligence level of specific actors.

3. The standard for judging shall fully consider the specific intelligence of the actor on the basis of examining the foresight ability of ordinary people. First, it examines whether the ordinary person to whom the actor belongs can foresee the occurrence of the outcome; Secondly, consider whether the actor's intelligence level is higher or lower than that of the average person.

What are the similarities between accidents and negligence? （）a.can be foolish enough to predict.

b.None of them could have been foreseen.

c.None foresaw the consequences of their actions.

d.Objectively, Dapei has had a result.

Correct answer: cd