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《The Political Science and Law Tribure》 2004-01
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Thinking about the Negligent Potential Damage Offense: Existence and Can-exist

CHU Huai-zhi,JIANG Jian-feng(Peking University, Beijing 100871)  
What decides a certain kind of wrong, including negligent dangerous act which can be criminalized is not subjective wrong, but the social harmfulness possessed by dangerous act itself. The negligent potential damage offense can only exist in the crime of endangering the legal interests of public security. Due to the particularity of the legal interests of the public security, the extension of the value of such kind of legal interests has already broken through the value per se, and involved its security. That means to threaten its security is to invade its value, and makes negligent dangerous act possess the essence of directly invading the legal interests of public security, and therefore, it has the retribution basis for criminalization. To establish negligent potential damage offense is consistent with the principle of circumspection of criminal law, and favorable for inducement of criminal law and loyalty of criminal law.
【CateGory Index】: D914
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3 Ruan Qilin (China University of Law Science and Politics,Beijing 100088);On the Dangerous Crimes of New Category in the Criminal Law of China[J];Journal of The National Procurators College;2005-06
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1 Zhang Mingkai;The New Criminal Code and the Theory of Infringement of Legal Interests[J];CASS JOURNAL OF LAW;2000-01
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1 DAILing-Jiu(FengtaiNo.1MiddleSohool,Huainan,232101Aahui);On the Timeliness Condition of Crime Discontinuance in Potential Damage Offence[J];Journal of Anhui Agricultural University;2003-02
2 TANG Shimei(The Department of Politics and Laws,Shaanxi University of Teachnology,Hanzhong 723000,shaanxi,China);The Suggestion About Legislation of Environment Criminal Potential Damage Offense[J];Journal of Ankang Teachers College;2003-03
3 WANG Ya-jun, HUANG Ping, LI Sheng-cai(State Key Laboratory of Explosion Science and Technology, Beijing Institute of Technology, Beijing 100081, China);Statistics of industrial accidents in China during the period from November to December in 2006[J];Journal of Safety and Environment;2007-01
4 SHEN Qi(China University of Political Science and Law, Beijing,100088,China);Incrimination of Dangerously Reckless Act in the Sight of Criminal Policy[J];Journal of Beihua University;2004-03
5 Song Nan(Law School,Sichuan University,Chengdu,China);Study on China's Qualification-Penalty & Suggestions for Its Legislation[J];Journal of Chengdu University(Social Sciences);2007-05
6 CHI Dan(Law College,Jilin University,Changchun*"130012,China);Permissible dangerous theory and use in criminal negligence in professional work[J];Journal of Changchun University;2003-04
7 LIU Xiao-li,LIU Di(Politics and Law school,Northeast Normal University,Changchun Jilin 130117,China);The Evaluation and Absorption on the Legislation of Ecological Crime in Russia[J];Northeast Asia Forum;2007-04
8 FENG Yan-jun (Law School,Jilin University,Changchun,Jilin,130012);The Multiple Denotations of Labor Rights[J];Contemporary Legal Science;2004-02
9 LIU Xiao-li, MA Jing, XING Fu (1,2.College of Politics and Law, Northeast Normal University, Changchun, Jilin; 3.Key Laboratory for Vegetation Ecology, Ministry of Education, Northeast Normal University, Changchun, Jilin, 130117);Study on Legislation Necessity of Ecological Crimes[J];Contemporary Legal Science;2004-05
10 LV Xin, LI Jie-geng(Law School, Jilin University, Changchun 130012);A Study on the Subjects of Environmental Rights[J];Contemporary Legal Science;2005-06
【Secondary References】
Chinese Journal Full-text Database 1 Hits
1 Yu Xiaohai (East China University of Political Science and Law,Shanghai 200046);Reflection on the "Violence" in the Crime of Violence to Interfere the Freedom of Marriage[J];Anhui Vocational College of Police Officers;2009-06
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