从“结果不法”到“行为不法”——信赖原则及其相关问题探析

信赖原则是一项体现着时代精神的原则,它的产生和发展是特定社会历史背景下过失犯理论发展的结果。信赖原则适用于"数人参与活动,并对危险防止具有协力分担义务"的场合,它的适用应当受到社会相当性观念的限制。我国应确立这一原则,以适应社会的发展。

From "Consequence without Value" to "Act without Value"--On the Principle of Trust and Related Things

The principle of trust can reflect the spirits of the times; its resources and developments are due to the result of development of the theory of negligent offence. The principle of trust can be used in the occasion that several persons take part in the movement and have the obligation to prevent the danger. The practice of the principle of trust should be restricted by the theory of social due. And it is suggested by the author that our country should set up this principle in order to adapt to the development of our society.