公害犯罪之过失认定

On Negligence in Offence of Public Hazards

近年来,我国各种领域的公害事件频发,严重危害了公众权益与社会秩序。这些公害事件多为过失引起的,传统过失理论的不足是导致公害犯罪打击不力的重要原因之一。公害犯罪在主观方面具有复杂性、模糊性和难以认知性等特征,在当今社会背景下新新过失理论相比于旧过失理论和新过失理论对于公害犯罪的打击更有针对性。此外,针对公害犯罪的独特性,还有必要在公害犯罪的过失认定中设定相对灵活、具体的注意义务与注意能力判断标准,以应对公害犯罪打防之需要。

Recent years witnessed frequent offences of public hazards in China which seriously harmed people＇s right and social orders. Those offences are most resulted from negligence, but Offenders were not effectively punished partially because of the deficiency in traditional theories on negligence which is an important cause. Offence of public hazard is characterized in the complexity, vagueness and hard recognizability in decision of the offender＇s subjective status. Therefore, new theory of criminal negligence should be introduced to the judgment of public hazards offences. And new, flexible and specific standards applicable should be found to judge the duty of care and attentive capacity, so as to effectively punish and prevent the offence of public hazards.