我国传统过失犯理论无力对抗片面地从危害结果引出的处罚要求,具有鲜明的结果归责倾向。引进“注意义务”和“注意能力”这两个概念,虽然有助于使过失心态认定更为精确,但显然不能彻底解决传统理论的上述问题。要实现过失刑事责任范围的合理限定,必须借助“过失基准行为”这一理论工具,在过失犯认定过程中赋予“行为”以实质作用。过失基准行为则是指包含法不容许的危险的行为。 China’s traditional negligence theory can not cope with one-sidedly unilaterally brought out the result of the harmful consequences of the punishment requirements, with a clear tendency to assign liability. The introduction of the concepts of “duty of care” and “ability to pay attention”, while helping to make fault mentality more accurate, obviously can not completely solve the above problems of traditional theory. In order to realize the reasonable limitation of the scope of criminal liability for negligence, we must make use of the theoretical tool of “negligence benchmarking” to give substantive effect to “behavior ” in the process of criminal negligence. The principle of negligence refers to the act that contains the risk that the law does not allow.