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德国的危险接受理论,曾存在注意义务说、承诺说与客观归责说等多种观点。在学术界与实务界的互动下,目前通说区分为自己危险化与合意的他者危险化两个理论范畴。根据通说,自已危险化一般情况下由被害人自我答责,合意的他者危险化则适用承诺理论。晚近兴起的自我答贲原则虽是流行的研究出发点,但是存在着解释力不足与理论范围不确定的缺陷。关于自己危险化与合意的他者危险化的区分.犯罪事实支配说与区分否认说都不恰当,以危险来源作为考察出发点才是最合适的选择。
The Dangerous Acceptance Theory in Germany has existed in a variety of perspectives such as the duty of care, the promise and the objective imputation. Under the interaction of academia and practice circles, it is now generally accepted that there are two theoretical categories that risk distinguishing themselves as dangerous and desirable others. According to General Theory, self-danger by the victim under normal circumstances self-control, desirability of the danger of others apply the commitment theory. Although the principle of the self-benching of the newly emerged self-benches has become a popular research starting point, it has some shortcomings such as insufficient explanatory power and uncertain theoretical scope. The distinction between the dangerousness of others and the willingness of others to be dangerous.Division of criminal facts and discrimination are not appropriate to deny that the source of danger as the starting point is the most appropriate choice.