Study On The Criminal Responsibility Of Negligence In Shipping Safety Supervision

The strategy of "Maritime Power" and the major initiative of "One Belt And One Road" mean that our country has opened the development mode relying on the ocean.In the face of the historical mission of rejuvenating the country by the sea,we should not only enhance the strength of the Marine economy in all aspects,but also should give full attention to the protection of maritime rights and interests,and strengthen the national management and control of the sea.Civil and administrative legal norms represented by maritime law and maritime traffic safety law are indispensable basis for the state to control the sea.However,as the protection of civil and administrative legal norms,criminal law plays a vital role in the protection of maritime rights and interests,as well as the maintenance of maritime security and order.As a pilot court,Ningbo maritime court accepted the country's first maritime traffic accident case on June 5,2017,setting a precedent for maritime courts to accept criminal cases,indicating that the criminal jurisdiction is expected to be fully liberalized within the scope of the national maritime courts.At the same time,it also reflects that the state attaches great importance to maintaining the order of water traffic and ensuring the safety of people and property on the water by means of criminal law.However,the occurrence of water traffic accidents may not only be directly caused by the violations of the participants in the water transport,but also may be caused by the non-performance or inadequate performance of the safety supervision personnel with the responsibility of shipping safety supervision.This paper will focus on the criminal responsibility of shipping safety supervision negligent crime.At the theoretical level,the criminal responsibility of shipping safety supervision negligent crime will be deeply studied,and a reasonable criminal liability judgment mode of negligent crime in shipping safety supervision will be constructed.At the level of substantive legal system,it is suggested to further improve the standards for the criminalization and sentencing of the negligent crime in shipping safety supervision.In addition to delimiting the scope of criminal liability of negligent crime in shipping safety supervision,the defendant should be given the correct punishment.At the level of procedural legal system,it is suggested to further improve the prosecution and trial mechanism of criminal responsibility of negligent crime in shipping safety supervision,so as to create a smooth judicial channel and an efficient and fair trial mode for investigating the criminal responsibility of the negligent crime doer in shipping safety supervision.There are seven chapters in this paper.Specifically,the contents of each chapter are as follows:The first chapter discusses the basic theory of shipping safety and shipping safety supervision behavior.The first section elaborates the concept of shipping and shipping safety,and explains the current situation of shipping safety in China.In addition,it also analyzes the human factors and natural factors affecting shipping safety.The second section introduces the concept of shipping safety supervision and divides the subject of shipping safety supervision into those who have the responsibility of shipping safety supervision on land and those who have the responsibility of shipping safety supervision on board.In addition,this section classifies shipping safety supervision aceording to the objects,subjects and stages of shipping safety supervision,and further defines the scope of shipping safety supervision activities studied in this paper.The second chapter expounds the basic theory of criminal responsibility of negligence in shipping safety supervision.The first section of this chapter elaborates the definition,characteristics and accomplice of shipping safety supervision negligent crime.The second section firstly defines the criminal responsibility and makes clear that the criminal responsibility discussed in this paper refers to the criminal legal consequences.In addition the section explains the administrative responsibilities and party discipline responsibilities that the subject of shipping safety supervision negligent may assume,and the applicable limits of criminal responsibility and administrative responsibility of the negligent doer in shipping safety supervision,as well as the applicable principles and conditions of criminal responsibility,administrative responsibility and party member,5 disciplinary responsibility.In addition,it discusses the value of investigating the criminal responsibility of the subject of shipping safety supervision negligent in terms of guaranteeing the safety of people and property on the water,regulating the behavior of the market operators and administrative law enforcement subjects,and providing legal protection for the implementation of national strategies and policies.The third chapter takes the subject of land shipping safety supervision and the subject of ship shipping safety supervision as the basis classification,respectively discusses the charges involved in the negligent crime of each shipping safety supervision subject.In the first section,the paper discusses the criminal charges involved in the supervision negligence of the land's shipping safety supervision subjects,including the actual controller of the ship,the relevant responsible person of the ship operating unit and the maritime administrative law enforcement personnel.The second section discusses the criminal charges involved in the supervision negligence of the ship's shipping safety supervision subject,including the captain,deck crew and engine crew.The fourth chapter discusses the obstacle of pursuing the criminal responsibility of shipping safety supervision negligent crime.From the perspective of judicial cognizance,the first section discusses the standard of criminalization and the standard of legal punishment are not perfect,the study on the basis of criminal responsibility of negligent crime in shipping safety supervision is insufficient,as well as the criminal responsibility prosecution scope of the shipping safety supervision negligent crime is not clear From the judicial process level,the second section discusses the question of the discovery mechanism of the shipping safety supervision negligence case is not perfect,the channel of judicial transfer is not smooth and the trial mechanism is not reasonable.The fifth chapter analyzes the basis of pursuing criminal liability of negligent crime in shipping safety supervision:the behavior of the negligent crime in shipping safety supervision,the harmful results of the negligent crime in shipping safety supervision,and the causality of the negligent crime in shipping safety supervision.The first section focuses on' the behavior of the negligent crime in shipping safety supervision.This section first elaborates on the implementation behavior,and then analyzes the implementation behavior of shipping safety supervision negligent crime.In addition,this section also discusses the manifestation of the negligent crime behavior in shipping safety supervision.The second section elaborates the harm results of shipping safety supervision negligent crime and further analyzes the material harm results of shipping safety supervision negligent crime.The third section discusses the causality of negligent crime in shipping safety supervision.As far as the consequential offense is conceemed,the causal relationship between the act of execution and the occurrence of the harnful result is an important prerequisite for the actor to bear criminal responsibility.This section first discusses the relevant theories of causality,and then discusses the rules for determining causality of negligent crime in shipping safety supervision.The sixth chapter discusses the attribution and distribution of criminal responsibility of negligent crime in shipping safety supervision.The first section discusses the three elements that affect the identification of the subject of criminal responsibility of negligent crimes in shipping safety supervision in practice.Whether there is actual supervision right or not,the degree of actual management power,whether there is a breach of common duty of care or not.The second section discusses the extent and basis of criminal liability of each criminal subject on the occasion of concurring criminal liability of negligence in shipping safety supervision.In the third section,through three cases,the specific ideas of identifying the subject of criminal responsibility of negligent crime in shipping safety supervision by using the above three elements are described.The seventh chapter probes into the predicament and perfect methods of the criminal responsibility prosecution of shipping safety supervision negligent crime at the level of substantive and procedural legal system.At the level of substantive legal system,China's criminal law which can be used to regulate the negligent crime in shipping safety supervision,cannot be connected with the actual situation on the water either at the level of the standard of incrinination or at the level of conviction and sentencing.It is suggested to consummate the standard of criminalization and the standard of legal punishlent for the crime of negligence in shipping safety supervision.On one hand,the harmful consequences of "missing persons,should be determined as the legal constitutive results of the crime of negligence in shipping safety supervision.On the other,the degree of liability of the negligent doer in shipping safety supervision for the occurrence of the harmful result should also be clarified in the level of the standard of incrimination and upgrade punishment.Once again,whether should establish,supervisory negligence crime" has carried on the discussion.At the level of procedural legal system,the channel of the shipping safety supervision negligence case into the judicial process is not smooth.In addition,it is suggested to further improve the investigation,transfer and trial mechanism of shipping safety supervision negligence cases.