刑事過失論からみた法工学の提唱
死角と結果予見可能性との関係を中心に
1982 年 1982 巻 34 号 p. 107-110,284
詳細
1982 年 1982 巻 34 号 p. 107-110,284
After World War II have been extremely increasing traffic accidents also in Japan. For the ordinary legalpractice the most important type of criminal liability for negligence relates to motor vehicles. So the justification of punishment for negligence in the wide sense needs reasonablefpreseeabo; oty or evitability of the accident in stead of strict liability. On the other side, criminal products liability needs another standard? They demand the empirical research not only for the objective standard of negligence but also for the limit of foreseeability of human being (driver). In order to contribute new information about them, Forensic Human Factors should try to present new tecnological rules adaptable to the fact findings in trial.
There are two ways to prevent road traffic accidents. Human nature is unvariable, but machinery and environment are variable. On this Human Factors theory, the remedy must be better highway and mechanical engineering. For example, large motor vehicles have wide bling corners, which the makers will be able to reduce in the near future. But, we have dangerous environment now. We do not live in Utopia. So, we should do prudent, cautious and circumspect driving. This is an utilitarian justification of punishment for negligence.
If a driver would be careless in running a girl down on the left blind corner, his offence should not always have been due to negligence. Because, blind corners are not always unforeseeable point. Before then he could see her and so on.
In short, the remedy of dangerous circumstances and the control of careless behaviour must complement each other. But, the prevention of accidents can be realized more by exclusion of dangerous conditions under the present environment than by punishment of negligence. These matters are of small concern to lawyers and moralists who see the prime cause of accidents in human wickendness and folly. Therefore, we hope that Forensic Human Factors would be able to find mote reasonable legal control of circumstances and standard of negligence.
