On Scope Of The Negligent Potential Damage Offense In China

The Negligent Potential Damage Offense is a serious breach of duty of the perpetrator, negligence in making public security and order of the activities of state organs in grave danger. Study on the scope of the Negligent Potential Damage Offense means the establishment of the range of what the crime should be added the Negligent Potential Damage Offense. By examining the relevant domestic and abroad legislation, can be found that, the Negligent Potential Damage Offense is mainly in the crimes of negligent damagment to the radio and television facilities, public telecommunications facilities, breach to infectious diseases prevention and territory quarantine, however, there are a lot of legislations in abroad especially civil law countries. It is obvious that the scope of the Negligent Potential Damage Offense in China is too narrow, it can't meet the urgent needs of real life. In the public security and environmental field, if we indulge the actor's negligent potential damage behavior, it is likely to cause serious real harm result, to nip it in the bud, criminal law should be properly introduced the Negligent Potential Damage Offense, and it's the request of the risk society theory. In addition, only regulating the behavior of actors is not sufficient to reflect the original intention of the establishment of the Negligent Potential Damage Offense, we must also have a special status of the supervisor into the main category in some areas of people's livelihood, supervisor should be be held responsible for their negligent supervision. It can be seen in dereliction of duty should also set up part of the Negligent Potential Damage Offense. Therefore, the scope of the Negligent Potential Damage Offense in China should be extended to the crime of endangering public safety, environmental crime and dereliction of duty.