On Supervisory Negligence In Criminal La

The theory of "sense of danger" in the theory of negligence,as well as the theory and application of supervisory negligence,originated from the "Morinaga milk powder poisoning incident" in Japan.It was proposed by the judicial practice community in Japan to solve accident related crimes,and its social background is due to the rapid development of urbanization in Japan after the war.Compared with the theory of sense of danger,the new negligence theory and supervisory negligence theory have more theoretical consistency.The argument for supervisory negligence should be conducted from five dimensions: supervisory subject,duty of care,implementing behavior,nature of results,and causal relationship.The reasonable definition of the supervisory subject should adhere to the theory of combining form and substance.At the formal level,it is necessary to clarify the source of the obligation to supervise negligence,namely the obligations stipulated by laws and regulations,internal obligations of the unit,and specific operational obligations.At the substantive level,it is necessary to affirm the existence of supervisory relationships and the substantive supervisory power enjoyed by supervisors.By applying the statutory conformity theory in error theory,one can affirm the "relatively specific foreseeable possibility".The application of the subjective comprehensive judgment theory led by the subjective theory can judge the duty of care;The application of the principle of trust can reasonably limit the scope of supervisory negligence.The types of supervisory negligence include action type,inaction type,and mixed type.The use of the "typical sample analysis method" in the "type analysis method" can make specific judgments on the behavior of supervisory negligence.The theory of ’permissible danger’ can reasonably limit the scope of the action.The establishment of negligent dangerous offense in accident related crimes should be affirmed.The affirmation of negligent dangerous crimes should be based on the positive criminal law view.The judgment of the causal relationship of supervisory negligence should be based on the theory of dangerous reality,adhere to the overall judgment model,and should not ignore the discussion of intervention factors.