2010•Unpublished venueRequires access

Introduces and Comments on the Activity-adoption Negligence Theory in Germany Criminal Law

Mingchuan Zhou

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Abstract

To establish a negligence offense,one should have attention ability.But in activity-adoption negligence,the offender has no attention ability while he should be punished still.In order to solve the contradiction between the punishment and the principle of responsibility,there are four theories in Germany criminal law,including the theory of perpetrating act previa,of the whole act,of culpability previa and of no-really-obligation violation,but all of them have shortcomings.So the nature of negligence offense needs further discussion.

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What this paper is about

To establish a negligence offense,one should have attention ability.But in activity-adoption negligence,the offender has no attention ability while he should be punished still.In order to solve the contradiction between the punishment and the principle of responsibility,there are four theories in Germany criminal law,including the theory of perpetrating act previa,of the whole act,of culpability previa and of no-really-obligation violation,but all of them have shortcomings.So the nature of negligence offense needs further discussion.

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Available abstract

To establish a negligence offense,one should have attention ability.But in activity-adoption negligence,the offender has no attention ability while he should be punished still.In order to solve the contradiction between the punishment and the principle of responsibility,there are four theories in Germany criminal law,including the theory of perpetrating act previa,of the whole act,of culpability previa and of no-really-obligation violation,but all of them have shortcomings.So the nature of negligence offense needs further discussion.

Key concepts: Culpability, Obligation, Criminal law, Punishment (psychology), Res ipsa loquitur, Law, Contradiction, Tort

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