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Study On Negligence Of Supervisor

Posted on:2005-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:D SongFull Text:PDF
GTID:2156360125956194Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This essay probes into the basic theory of negligence of supervision and undertakes the research of the application of this theory. This essay consists of three chapters and conclusion. The total words are 33,000.The first chapter discusses the theoretical base of supervisory negligence. Firstly, it introduces the developments of German and Japanese supervisory negligence theory. It is generally accepted that the doctrine of hazard, essentially, belongs to the new theory of negligence. It is the latest development of such doctrine. The doctrine of the sense of hazard, as the theoretical base of the supervisory negligence, is possible and necessary to exist. The concept of supervisory negligence, after making comments on the different foreign doctrines, the conclusion is that supervisory negligence shall not beyond the limits of the duty of supervisor; that is to say, supervisor should be liable only to his or her negligence. The definition is, the supervisor, who has the duty but lack of due diligence in his job, should be liable to criminal penalty in the circumstance that his or her negligence in supervision leads to the person under his or her supervision damage other person's right negligently. Further on, on the base of such definition, this chapter make a conclusion that the features of supervisory negligence are, simple, indirectly, dependent, duteous.The second chapter analyzes the establishment of supervisory negligence criminal offence. To the subject of this criminal offence, the supervisor should fulfill the substantive and formal requirement. The definition of supervisor is a person who is on duty to supervise, as his standing requires. This standing is defined in the relative administrative law and regulations and management rules. The second is the supervisor should have the criminal capacity and he can undertake his duty properly in such circumstances. To objective requirement, this essay will analyze , on the approach of the compromise doctrine of correspondence of casual relationship theory, the classification of direct and indirect causality. The conclusion is that the causality between supervisornegligence and damage is intervened by negligent action, which is under supervisory duty. As an indirect causality, we should analyze both the condition, and the concurrent reality of the action. The second point is the concurrence of supervisory negligence; our opinion is that under the circumstances in which the damage result is caused by dual negligence, supervisory negligence belongs to concurrence of negligence. Thus, coprincipals in negligent crime can't be established.Chapter Three discusses the judicial practice of supervisory negligence. Through the demonstration of the latest cases in German, Japan, and China, this essay tries to illustrate that supervisory negligence often exists in public accidents such as accidents of food and medicine, accidents in factories and mines, fire disaster accident and medical negligence. In the case of applying supervisory negligence, "exclusion of trust principle" also has its exception, when trust is correspondent, negligence liability cannot be established.Addition conclusion: though the criminal law of our country doesn't define the concept of "supervisory negligence" clearly, supervisory negligence does exist in judicial practice. According to the difficulty of investigation of the negligence liability of supervisor in judicial practice, this essay puts forward some advices in order to develop the judicial practice in conviction and leveling the sentence.
Keywords/Search Tags:supervisory negligence, doctrine of threatening, due diligence, concurrence of negligence, principle of trust
PDF Full Text Request
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