过失犯罪法定刑配置研究

The Allocating of the Prescribed Punishment:Negligent Crime

行为人主观上的罪过性、行为在客观上违反了注意义务并因此造成了严重的危害结果,是过失犯罪法定刑配置的客观基础。在为过失犯罪配置法定刑时,除应具备合理根据外,还应当遵循法定刑节俭、法定刑趋轻、根据过失程度配置法定刑的原则。在此基础上,作者对修订前后刑法中的过失犯罪法定刑配置状况作了认真考察和评说,指出了立法的特色和缺陷。针对刑法规定的不足,作者提出了完善过失犯罪法定刑配置方式的建议:明确界定过失犯罪范围;强调对业务过失加重法定刑的观念;谨慎对待过失危险犯的法定刑配置问题;

What should be firstly resolved is the basis on which the prescribed punishment of negligent crime is allocated.The general basis is the social damage caused by negligent conduct.The culpability is the subjective side,while violating the obligation is the objective side.Inaddition to the rational basis,the principles of necessities and being light are also needed.The thesis have made detailed observation on the allocation of the prescribed punishment of negligent crime in the criminal code before and after the revision,pointing out the characteristics and deficiencies in legislation.In order to make up for the currently legislative inadequacy,the author put forward some pieces of advice on how to better the methods of allocating the prescribed punishment in negligent crime:clearly confining the scope of negligent crime;emphasizing ideas of weighing the prescribed punishment in professional negligence;prudently dealing with the problems of allocating the prescribed punishment in negligent danger crime;properly increasing types of the prescribed punishment.