| In identifying the form of mens rea of a concrete crime, the conclusion of "whether it is a negligence in fact" could not substitute for the judgment of "whether it is prescribed in the law",rather, one should fully consider and implement the second paragraph of Article 15 of Criminal Code, i. e.,"for negligent crimes",criminal responsibility is to be borne "only when the law so stipulates".The legal standard of identifying a crime as negligent crime is whether it is prescribed by law. On the base of the principle of respecting human rights, it is inadvisable to fix negligent crime on the act that does not encroach upon legal benefits too grossly. According to the principle of responsibility, the situation should be avoided that crime can be constituted by negligence but not by intent. Following the theory of limitation on applying criminal law,the ascertainment of the form of mens rea can not take the standards of fault forms prescribed in other areas of law. |
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