论文部分内容阅读
根据不同标准,可以将犯罪过失分为不同类型,而有认识过失与无认识过失的划分是过失类型的重中之重。过失类型与刑罚轻重之间是否存在关联?学理上倾向于认为对有认识过失的刑罚应适当重于对无认识过失的刑罚,通过对101个常见过失案例的实证研究,从质上看,过失类型与刑罚轻重之间确实存在此种关联,与理论预期相符合;从量上看,这种关系的影响力度较小,在所有八类影响因素中排位相对靠后,两者之间不存在统计意义上显著性的影响关系。
According to different standards, criminal negligence can be divided into different types, and the distinction between knowing negligence and ignorance of negligence is the most important type of negligence. Whether there is a correlation between the type of negligence and the severity of the sentence? It is tempting to think that the penalty of knowing negligence should be more appropriate than the penalty of ignorance of negligence. Through the empirical study of 101 common negligent cases, There is indeed such a correlation between the type and the severity of punishment, which is in line with the theoretical expectation. In terms of quantity, the impact of this relationship is relatively small with relatively low rankings among all eight types of influencing factors, with no correlation between the two There is a statistical significance of the impact of the relationship.