The Research On The Criminalization Of Supervisory Negligence

With the extensive use of high technology and the accelerated process of China's industrialization, " Supervisory negligence " of the social harm is also growing. In China, the field of criminal law theory of negligence applied only to "direct negligence", Whether it is the fault of negligence or fault of over-confidence, the results of the occurrence and the fault behavior is a direct causal relationship, for " Supervisory negligence " this fault is not covered indirectly. I intend to learn from Japan's new theory of the new fault, through the five-part study on criminalization of supervisory negligence:The first part is the introduction. Focuses on the past few years happened in our country within the scope of major catastrophic accidents, One of the important causes of these incidents happened is that supervisors do not perform or improper fulfillment of obligations.The second part is outline of supervisory negligence. First of all, this part research on the meaning of supervision; And then, I analyse the supervisory negligence; Finally I compared supervisory negligence with professional negligence.The third part is the soil of criminalization of supervisory negligence. I intend to visit the supervision through the fault of the theoretical basis, practical needs and judicial practice, to prove the criminalization of Supervisory negligence. In the theoretical basis for this part, the author first introduced the easy development of the theory of negligence, and then focuses on the guiding role to supervisory negligence by the fresh theory of negligent; In the real needs of this part, I use a comparative analysis of methods, separately analyzed the rapid economic development occurred in stages accompanied by a major catastrophic accidents in China and Japan, which can show that the introduction of supervision in our country at this stage the need for supervisory negligence theory; At this part of judicial practice, the author introduced the same happened in Japan "supervisory negligence case" and took place in China's use of other criminal law(Such as dereliction of duty) provisions to address the "supervisory negligence" case, through the case of non-judgment consistency and coherence to My argument has to be directly applicable " the crime of supervisory negligence" to deal with the behavior of supervisory negligence.Partâ…£is to oversee the constitutes of the crime of supervisory negligence. This part contains three aspects: One is the criminal body of supervisory negligence, Main analyzed principle and the scope of supervisory negligence, the ability and incumbency of attention in criminal main body of supervisory negligence; The second is to the behavior of supervisory negligence, and the author through the negligent acts to the introduction of the behavior of supervisory negligence, and Focus on the two forms - the acts and omissions -to do the description; The third is the causality of supervisory negligence, I think for some special crimes, such as negligent supervision of crime, should not stick to the philosophical argument about causality, it should be concrete analysis of concrete problems, As long as find out the causality between the behavior of supervisory negligence and the behavior of direct negligence,the behavior of supervisory negligence and the harmful results,the behavior of direct negligence and the harmful results.Partâ…¤is the design of system about criminalization of supervisory negligence. Firstly, the author research the possibility and conditions of trust principles in the supervisory negligence; And then the author demonstrate the restrictions about criminalization of supervisory negligence through the criminal law principle of necessity,allowable program and effectiveness, to avoid the abuse of oversize scope of the crime of supervisory negligence. Finally the author focuses on legislative proposals about criminalization of supervisory negligence, including the scope of the crime of supervisory negligence and the cognizance of the duty in the crime of supervisory negligence.