Research On Offenses Of Vocational Negligence

The main difference between vocational negligence and ordinary negligence lies in the violation of different kinds of attentive obligation. Ordinary negligence violates a general attentive obligation for a person in his daily life demanded by countries to protect normal social order. While vocational negligence violates a special attentive obligation, which is an obligation for a person who takes up some special professional work demanded by countries to keep social order. Vocation refers to an activity that brings risk for others' lives and is practiced repeatedly. This definition has not only grasped the essence of vocation but also limit the category of it properly. All accord with the legislative background and spirit of offenses of vocational negligence since modern age.The compositive character of offenses of vocational negligence is a key issue in research on it. A Natural person as a subject a unit as a subject was argued respectively in the main part of this paper. A natural person should have specialized knowledge and skills and behave after examining and approving, which is the most fundamental character for a natural person being as a subject in offense of vocational negligence. A unit who committed offenses of vocational negligence should be a special subject in of the one establish illegally. A private enterprise established legally can also be a subject in offenses of vocational negligence. The subject factor of offenses of vocational negligence is negligence, and it embodies as one didn't predict his behavior result because of his negligence or one is so credulous that his behavior leads to dangerous result. The proper attention in offenses of vocational negligence is an obligation that a person who takes up vocational affairs is burdened with careful behavior to avoid dangerous result according to the nature and demand of the affairs. The possible attention in offenses of vocational negligence is an ability that a professorial has to notice the dangerous result of his vocation behavior. Having the capability of special attention is a precondition to determine whether a professional could predict or avoid dangerous result. One of the main features of the object of offenses of vocational negligence is performing offenses of vocational Acts. The essence of negligence offense is violating attentive duty. Attentive duty can be divided into ordinary attentive duty and special attentive duty according to objects and scope. The act violates this vocational special attentive duty, which composes the object base of offenses of vocational negligence, and one of the main symbols to differ from ordinary attentive duty. According to compositive requirement, it can be negligence offenses only dangerous result appears.Theory on Permitted Danger and Reliance Rule has been admitted by many scholars as the causes of impeding and alleviating criminal liability. Theory on Permitted Danger and Reliance Rule is not stimulated by any Criminal Codes, and only a kind of theories but they are significant to define the compositive requirements of offenses of vocational negligence. Putting the concept of permitted danger forward is to limit the attentive duty within rational range in order to avoid making excessively strict liability. With the development of science and technology in our country, some kinds of necessary vocational act are very dangerous. The contradiction between the need of social development and personal life security is sharper and sharper. How to compose the theory to solve the contradiction between development and security, which is deserved study. In this paper we analyze the meaning and the application of these theories, in order to balance the dangerous and useful qualities and to impede or alleviate criminal liability.As for the issue of offenses of vocational negligence, the views, which believe the liability of offenses of vocational negligence is lighter than that of ordinary negligence offenses and the views, which believe that the liability of vocational negligence should be cancele...