A Study Of Supervisory Negligence Crimes

The supervisory negligence crime is generally refers to the country staff to be forgetful of one’s duties or breach of privilege exists in the process of supervision behavior, and because of the above behavior caused by regulators implement harm the social behavior, and ultimately harm results of a type of crime. Generally speaking, Japanese criminal law pays attention on the supervisory negligence crime earlier than china criminal law. Chinese criminal law only roughly study the supervisory negligence crime in the criminal negligence and the dereliction crime, when China are in the era of social transformation, There are many the Supervisory negligence crimes, so we should study it strengthen.As for the supervisory negligence crime, there are four the core questions. The first, The difference between the Supervisory negligence crime and negligence, the supervisory negligence crime has its particularity in the duty of care and the ability of care. The second, The causality between the Supervisory negligence crime and the consequence of crime. the supervisory negligence crime can not lead to the consequence of the crime directly, the conduct of the administrative counterpart leads to the consequence of the crime. As for the consequence, the supervisory negligence crime is the indirect reason. so we should clear the rule of the causality between the supervisory negligence crime and the consequence of the crime. For this question, We can reference the theory of objective imputation the one management issue is take charge by unison and jointly administrate.The third, who can conduct the Supervisory negligence crime. In china, the functionary in the state organ will be present the landscape orientation and portrait, the functions of criminal law include the social protection and the guarantee of human rights, so we should exact the responsibility of the landscape orientation and portrait the functionary in the state organ.the forth, when some the supervisory negligence jointly lead to the consequence of the crime, How can we exact the responsibility of them, Can we regard them as crime of concurrent negligence? Or how can we regard them as coincidental offence of negligence? As for above-mentioned questions, This paper study them detailed, It compares the Chinese criminal law and criminal law of foreign countries. Besides, the paper connect between the theory of the criminal law and practice of the supervisory negligence crime. In order to precise the responsibility and realize the function of social protection and the guarantee the human rights of criminal law.