Abstract: Abstract：The judging standard of attention capacity in business negligence crime is based on the judging standard of attention capacity in general negligence crime. From the dimension of constructing the judgment standard of attention capacity in negligence crime，main arguments exist between the single judgment standard and the double judgment standard. Among them，the single judgment standard includes the subjective theory，the objective theory，and the eclectic theory；the double judgment standard mainly includes the illegality-responsibility double judgment standard and the norm-fact double judgment standard. Compared with other judgment standards，the norm-fact double judgment standard is more reasonable in terms of hierarchical division standard and the recognition of subjective and objective issues.It conforms not only to the judgment process of negligent crime attention capacity，but also to the provisions of China’s criminal law. Therefore，the judging standard of attention capacity in business negligence crime should be constructed on the basis of the norm-fact double judgment standard and in combination with the characteristics of business negligence crime and the normative protection purpose of the criminal law：at the level of norm，legal regulations should be upheld as the judgment standard；at the level of fact，negative and exclusive judgments should be made based on factors of the perpetrator.

Key words: negligence crime, business negligence crime, attention capacity, criminal justice, legal regulations