过失犯是对客观注意义务和主观注意义务的违反。交通过失的客观注意义务源于成文的交通法规和交通惯例,应根据具体场合确定其内容,对实行行为应从存在论和规范论双方把握。交通过失的具体预见可能性是指“容易”预见到交通过失犯构成要件结果发生的可能性,应当以能力区别说确立预见可能的标准,同时应预见到因果的基本经过。交通过失中的信赖原则,根据场合的不同可属于客观注意义务或主观注意义务的限定要素。鉴于我国交通现状,应谨慎适用信赖原则与危险分配的法理。 Delinquency is a violation of objective and subjective duty of care. The objective duty of negligence of traffic is derived from the written regulations and traffic conventions of traffic, the contents should be determined according to the specific situations, and the conduct should be controlled by both ontology and normative theory. The specific possibility of predicting the traffic fault means that it is easy to foresee the possibility of the consequences of the elements of the act of violating the laws of the city. The criterion of foreseeable possibility should be established based on the capability difference, and the basic process of the cause and effect should be foreseen. The principle of trust in traffic fault can be a limited element of objective or subjective duty of care depending on the occasion. In view of the current situation of traffic in our country, we should be cautious in applying the principle of trust and the law of dangerous distribution.