Brief introduction of the causes of negligent crime Abstract: The discussion on the causes of negligent crime is not only an objective requirement to solve a basic theoretical problem first, but also a necessary basis for analyzing and preventing negligent crime. Therefore, on the basis of adhering to the methodology of the unity of subjective and objective factors and the organic combination of internal and external factors, it is of practical significance to explore the reasons (mainly psychological reasons) of negligent crime from the aspects of the subject's own factors and external factors. Key words: the main factors of negligent crime are all over the world and the society is complicated. With the advancement of socialist rule of law in China, the concept of governing the country according to law has gradually taken root in people's hearts. However, in the development stage of China's transformation and perfection, crime still exists objectively, which is not optimistic. While establishing and perfecting legal regulations, it is a subject that cannot be ignored to explore the causes of crime and trace the essence of crime. For "what is a crime and why do people commit crimes?" It is not only the focus of social attention, but also the obligatory research core of many criminologists and criminal psychologists. Scholars at home and abroad have different views on why the perpetrator commits a crime and his criminal psychology, and there is no conclusion so far. The author tries to avoid discussing the causes of crime from a macro perspective, but tries to explore the causes of negligent crime (psychological reasons) from a micro perspective, revealing the little-known reasons behind negligent criminals. For the definition of negligent crime, China's criminal law clearly stipulates: you should foresee the possible consequences that your actions may harm society, because negligence is not foreseen; Or if it has been foreseen and credulous and can be avoided, resulting in harmful results, and its behavior constitutes a crime, it is a negligent crime. Accordingly, negligent crime can be divided into negligent crime and overconfident negligent crime. Negligent negligence means that the actor should have foreseen the harmful result of his own behavior and did not foresee it, which is an ignorant negligence; The fault of overconfidence means that although the actor foresaw the harmful result of the behavior, he still carried out the behavior because of overconfidence, which is a cognitive fault. The discussion of the causes of negligent crime must be based on the discussion of the causes of crime. Scholars at home and abroad have no unified understanding of the definition of the cause of crime. Different scholars in the west have put forward different opinions on the causes of individual crimes based on different disciplines. (1) Biological etiology theory, including somatotype theory, heredity theory, endocrine disorder theory, substance metabolism theory, etc. (2) The theory of the causes of psychopathology crime, including the theory of morbid personality and the theory of low energy. (3) The theory of criminal causes in psychoanalysis includes classical psychoanalysis, post-psychoanalysis and new psychoanalysis. (4) The theory of criminal causes in learning theory includes criminal imitation theory, different contact theory, conditional action theory and social learning theory. (5) About the causes of multiple crimes. Chinese scholars discuss the causes of crime as follows: (1) Lin Jidong, a jurist and criminologist in Taiwan Province Province, believes that "the formation of crime has its physiological, psychological and social factors, and its reasons are extremely complicated". (2) The theory of criminal psychological causes includes internal and external causes, dynamic factors, aggregation effect and dialectical unity of subjective and objective. (3) The theory of behavioral causes includes the theory of "criminal psychological structure+criminal opportunity-criminal behavior" and the theory of "stimulation-individual-response mode-individual comprehensive structure-interaction of subjective and objective factors". Looking at the views of Chinese and foreign scholars on the causes of crime, the author finds that the discussion on the causes of crime is not only controversial, but also reflects the complexity of the causes of crime. Scholars have theoretically explained the causes of crime from a macro perspective, and negligent crime, as a category of crime, is also within the theoretical explanation of scholars. Therefore, the complicated dispute over the causes of crime will inevitably lead to the dispute over the causes of negligent crime. It is not easy to define or determine the cause of crime, but it is worthy of affirmation that one or several certain factors are not the ultimate cause of crime, and the cause of crime itself is complex or a combination of complex factors. Therefore, when discussing the causes of negligent crime, we should not only follow the direction of the study of the causes of crime, but also adhere to the viewpoint of comprehensive, development, connection, unity of subjective and objective, and combination of internal and external causes. Professor Luo Dahua believes that the cause of crime is a complex system, and the factors affecting the formation of criminal psychology are complex and diverse, but they are nothing more than subjective factors and external factors. Therefore, the research on the causes of negligent crime should also be discussed from both subjective and external factors. Based on these two aspects, this paper attempts to explore the psychological factors behind negligent crime. To reveal the causes of negligent crime, we must adhere to the principle of unity of subjective and objective, and the combination of internal and external causes. The causes of negligent crime are not only the subject's own reasons, but also the external complex factors that can not be ignored. I. Subjective internal factors affecting negligent crime (I) Psychological factors Among the subjective factors of negligent crime, psychological factors are more decisive. It shows the subjectivity of negligent criminals, and the following factors have a certain role in causing negligent crimes. (1) attitude. Attitude is a coordinated, organized and habitual behavior preparation state and psychological tendency of individuals to various things and phenomena. Attitude is closely related to people's ideology. Generally speaking, the improper attitude towards people and things is one of the important psychological factors of negligent crime. For example, in some special occupations, such as cars, boats, doctors, coal mines, railway captains and so on. If the attitude is improper, it will easily lead to major accidents and negligent crimes. The attitude of negligent crime is mainly manifested in irresponsible attitude, confrontational attitude, arrogant and stubborn attitude and selfish attitude. These attitudes, acting alone or together, may increase the possibility of negligent crime and even play a decisive role. (2) thinking and cognition. Incorrect ideological understanding is one of the important psychological factors of negligent crime. Whether thinking is true or not should be judged by subjective and objective consistency. If the subjective and objective are separated, people's cognition can't correctly reflect the essence of things, or their self-knowledge is imperfect, or self-observation is improper, or their self-evaluation is too high, or their self-experience is distorted, which will lead to wrong judgment and wrong behavior. In judicial practice, the mistake of overconfidence is the result of deviation or inconsistency between self-knowledge and objective reality. In addition to thinking and cognition, illusion is also an important factor in the psychology of negligent crime. Illusion refers to people's incorrect understanding of objective things due to psychological or physiological reasons, which leads to the inconsistency between objective reality and subjective consciousness. In judicial practice, negligent crimes are occasionally caused by negligence. (3) pay attention. Attention is the concentration degree or direction of psychological activities on an object. Lack of concentration and distraction are important psychological factors leading to negligent crime. Whether it is negligence or overconfidence, it is based on carelessness. Attention is generally divided into unintentional attention, intentional attention and intentional attention. Unintentional attention is the attention that does not require will effort, intentional attention is the attention that people will lead, and later intentional attention is the attention that forms habits after will effort. The degree of unintentional attention, intentional attention and subsequent intentional attention to things largely determines whether you can concentrate on completing the task. The inattention and dispersion of attention in negligent crimes are important and even decisive reasons for some negligent crimes. (4) emotions. The change of mood is closely related to negligent crime. Emotion comes from the attitude experience caused by demand satisfaction. Emotion will have an important impact on all people's psychological activities and behaviors, especially under strong external stimuli. The emergence of negligent crime is more or less accompanied by the subjective feelings and emotions of criminals. (5) Personality and temperament. Personality is people's stable attitude and habitual behavior towards things formed in long-term life practice. Once it is formed, it will be expressed clearly and objectively with the subject as the carrier and run through the whole process of behavior. Temperament refers to the dynamic characteristics of people's innate stable psychological activities. Practical examples show that bad factors in personality temperament may form negligent crime psychology, which in turn leads to negligent crime. For example, a person who lacks ideals and beliefs may have the characteristics of low enthusiasm for work, weak perseverance and weak sense of responsibility, and such a person may neglect his duties. (6) intelligence and experience. Generally speaking, people with low intelligence are more likely to make mistakes than ordinary people. Generally, some dangerous technical operations are prone to lack of risk assessment because of their low intelligence and difficulty in mastering the technology, so they will be reckless about the danger, or underestimate the danger wrongly and make mistakes easily. At the same time, people with high IQ are too confident to ignore danger and are prone to make mistakes. But at the same time, lack of experience is also an obstacle to foresee the danger. Because of the lack of practical experience, the lack of foresight about the development of things and the difficulty in dealing with problems have become an important factor in negligent crimes. (7) memory. Defects and mistakes in memory will make the behavior deviate from the correct direction, such as forgetting, which will make the subject's understanding of the outside world wrong and lead to behavioral deviation. In judicial practice, some operators make mistakes because they don't remember or forget the operating rules, which eventually leads to negligent crimes. (8) Unconscious factors. Unconscious factors may appear in normal behavior, such as falling asleep occasionally due to fatigue or drug influence, which may sneak into the conscious state, leading to the turbidity of normal consciousness and the occurrence of negligent behavior. (2) Physiological factors (1) fatigue. Fatigue refers to a depressed state in which continuous or excessive activities are physical discomfort, which leads to a decline in work efficiency. Fatigue includes psychological fatigue and physical fatigue. When people are tired, they often can't respond quickly and reasonably to external stimuli, or they may not pay attention to the harm of attention normally, which may easily lead to dangerous behavior. (2) Alcoholism or other similar state. According to the research, after drinking alcohol, actors will have some obstacles, such as decreased vision, insensitive touch, decreased thinking and judgment, and decreased attention. Therefore, the possibility of negligent behavior after drinking is greater. (3) Physiological rhythm. Whether the circadian rhythm is normal or not has more or less influence on people's behavior, such as the disruption of people's physiological activity cycle and the destruction of biological clock, which has certain influence on the normality of behavior. (4) Age, gender, and lack of physical function. Different ages mean different degrees of psychological maturity, different amounts of knowledge and experience, which have a certain influence on people's psychology and behavior. Generally speaking, women are more careful and single-minded, and it is not easy to cause negligent behavior. On the contrary, men are generally careless, bold and easily distracted, so they are prone to negligent behavior. (3) Behavioral factors (1) Skills and proficiency. To complete an activity, a person must have job-related skills or qualities. Skill is an operational technical system that the subject uses the existing knowledge and experience and grasps through practice. Proficiency is the degree of technology application, and the number of skills and mastery of proficiency determine the efficiency of the subject's behavior. Under normal circumstances, negligent behavior will appear in actors with insufficient skills and unskilled skills. (2) habit. Habit refers to the tendency of activity formed by repeated practice of regular fixed behavior, which will have a certain impact on normal behavior. For example, the habit of smoking in bed is easy to cause fire, such as the habit of joking in a dangerous way. The above mainly explains the causes of negligent crime from the perspective of internal factors of the subject. Besides the actor's own reasons, we should also pay attention to the influence of objective factors outside the subject on the actor's negligent crime. (1) situational factors. Scenario is a comprehensive atmosphere which is composed of natural environment, social environment and other factors and has psychological influence on individuals. Situational stress caused by accidents is the main factor affecting the normalization of individual behavior. Mainly from: natural disasters, accidents, dangerous work scenes, social accidents (setbacks, changes, disputes, etc. ). (2) Public opinion factors (1) Group public opinion. Group public opinion refers to the common understanding of something between families, work units or partners living alone. This understanding has an important impact on individual psychological activities, and sometimes even urges individuals to deny the original understanding and follow the crowd. For example, the operator of a workshop did not want to operate illegally at first, but acted rashly because others were "afraid of things", leading to gross negligence crimes. (2) public opinion. The guiding role of public opinion has obvious influence on the behavior of the actor. The public opinion environment can be divided into two levels, the first is the specific environmental level, and the second is the social customs level. The specific environmental level is the pressure of public opinion on acquaintances in specific occasions, such as the crime that young men ignore the public humiliation of others, but kill others with one punch under the anger of everyone, resulting in negligent death. Social custom means that although there is no pressure from public opinion, it has great influence and control on personal behavior. For example, setting off firecrackers on holidays causes fire or personal injury. (3) The victim's negligent crime, especially in transportation, some cases are closely related to the victim's fault. For example, a cyclist ran a red light and was injured by a car that violated traffic regulations. In negligent crime, there is a causal connection or conditional connection between the victim's behavior and negligent crime. To sum up, on the basis of Chinese and foreign scholars' research on the causes of crimes, the author adheres to the methodology of comprehensiveness, connection, development, unity of subject and object, and organic combination of internal and external causes, and analyzes and discusses the negligent factors that lead to negligent crimes from a micro perspective. The discussion on the causes of negligence is not only a requirement for analyzing the causes of negligent crimes, but also a necessary condition for preventing negligent crimes beforehand.