Study On Supervisory Negligence

The theory of supervisory negligence was first discovered in the 1960s in Japan, with significance in accidents related to great responsibility such as public nuisance etc. As a special type of negligence, disputes exist on many aspects of supervisory negligence in the theoretical area.Emphasized on negligent jointer and with upper leaders as their responsible subjects, supervisory negligence is equal to managerial negligence. While the former refers to the negligence of humans, the latter includes management of humans, objects and systems. In spit of the difference in concepts, they are equal to each other and are called managerial and supervisory negligence which can be abbreviated as supervisory negligence when discussed together. Supported by some scholars, supervisory negligence, which was created at the same time with doctrine of threatening, still meets defects on many aspects. Legal precedents and theories in Japan all support the existence of supervisory negligence by the theory of new negligence.With due diligence as its core issue, the constitution of supervisory negligence refers to connections within its essential factors which includes due diligence and ability of the due diligence. According to the new supervisory negligence theory, due diligence includes foreseeable obligations and avoidable obligations of which the focal one is still under discussing. Based on foreseeable obligations with its particularity, the supervisory negligence then defines avoidable obligations. To limit the due diligence, principle of trust should be applied cautiously in supervisory negligence. The ability of due diligence, standard of which is its core issue, is prerequisite of due diligence.Supervisory negligence is embodied in specific crime of the basic and detail items of criminal law. It is indicated that this crime has investigated responsibilities of leaders and managers when defining negligence responsibility due to the prescription in detail items of criminal law of persons in direct charge , direct managers in unit crime and others with direct responsibility .The prescription of which mentioned above in criminal law amendment(6) indicates the attention paid to investigate criminal responsibility of leaders and managers in China .Criminal legislation in China stresses on supervisory negligence nowadays . The theory of supervisory negligence is reflected in many judicial cases and can be applied in many areas. It is difficult to define the supervisory negligence in judicial appliance .The judicial definition will benefit from the assurance of connections within supervisory negligence, undone crime and unit crime.