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The Discussion On Professional Negligence Crime

Posted on:2011-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:L FuFull Text:PDF
GTID:2166360305473102Subject:Criminal Law
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As society progressing and technology advancing, the number and the danger to human health and property of negligence behaviors in field are both increasing. Criminal law science theorists named crime with professional negligence behaviors as professional negligence crime. This thesis researches the main theory of professional negligence crime in depth on the basis of learning and drawing on theoretical results in order to advance the theoretical realization of professional negligence crime and give my suggestion to modify the provision on professional negligence crime in national criminal law. The mainly begins with remarking on the conception of professional negligence crime. The origin of professional negligence crime in China and western countries is primarily investigated. Subsequently, it fully comments on the meaning of "profession" in professional negligence crime. The profession contains four features:repeated and continual, based on social life, be limited to legal and main profession and dangerous. Then the conception of profession is concluded on the basis of its features. At last, the conception of professional negligence crime is exactly defined by considering the relationship and difference between professional negligence crime and normal negligence crime. Subsequently, this essay adequately analyses the features of professional negligence crime constitution. Firstly, it comments on the subjects of professional negligence crime. The essay classifies them into person subject and unit subject and generalizes their respective elements. Secondly, the subjective aspects of professional negligence crime are studied profoundly. Based on academic achievements worldwide, the conception and judgment standards of professional care ability and the conception, main content and rationality basis of professional care obligation are researched. There are two opposite viewpoints on the relationship between professional care ability and professional care obligation. The first viewpoint argues professional care ability and professional care obligation exist simultaneously. The second viewpoint insists the obligation ought to be based on the ability, but the ability would not result in the obligation necessarily. It draws a certain conclusion the second view is more rational by comparing the two views. Finally, the essay analyzes the objective aspects of professional negligence crime simply. After that, the content of this part is research on the punishment of professional negligence crime with reference to the views from theory community and provisions on professional negligence crime in criminal legislation. The principles as the center part of punishment on professional negligence crime are studied at first. There are three viewpoints on this argument, the writer comments on them one by one and come to a conclusion:the view that penalty on professional negligence crime ought to be stricter than normal negligence crime with the same behavior is basically correct, but it needs to be perfect. Subsequently, this part introduces types of punishment on professional negligence crime in foreign criminal law and mainly explains the fine and qualification penalty. Finally, the theory and legislation of professional negligence potential damage crime is introduced. In the end of essay, it gives some suggestions on modifying provision of professional negligence crime in our criminal legislation. Penalty on professional negligence crime is generally supposed to be stricter than normal negligence crime with the same behavior, and it is on the contrary exceptionally. And then, the types of punishment on professional negligence crime should be diversified. We should extend the range of fine on professional negligence crime and set up qualification penalty which deprives offenders of their professional qualification or forbid them to do some profession work. In the end, the writer advise national legislators add provisions of professional negligence potential damage crime to criminal law properly.
Keywords/Search Tags:professional negligence crime, care ability, care obligation supervision negligence, potential damage crime
PDF Full Text Request
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