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在注意义务的概念上,是形式和实质的统一,强调社会规范引导国民尊重义务;在注意义务的内容上,结果预见义务是表面的体系要素,是没有必要的,对过失犯的违法和责任判断没有影响,主张结果预见义务不要说,其对故意和过失的区分机能由预见可能性承担;在注意义务的判断标准上,主观说及以主观说为基础的学说难以解决行为人能力低于一般人时的问题,处罚无识过失说明客观说妥当,并可进一步限制为规范客观说。
In the concept of paying attention to obligations, it is the unity of form and substance, and emphasizes that social norms guide the citizens to respect their obligations. In the content of paying attention to obligations, the result is that the foreseeable obligations are superficial elements of the system and unnecessary. Judgment has no effect, advocate the results of the foreseeable obligations do not say that its distinction between intentional and negligent functions to assume the possibility of foreseeability; judgment standards in the duty of care, the subjective said that the theory based on subjective theory is difficult to solve the capacity of the perpetrator less than The problems of the ordinary people, the punishment of ignorance and ignorance indicate that the objective is right and can be further restricted to the objective and objective.