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Study On Supervisory Negligence In Criminal Law

Posted on:2011-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:G J ChenFull Text:PDF
GTID:2166360305950502Subject:Criminal Law
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With the rapid economic development and the extensive application of high-tech, high risk of criminal negligence and social harm to people have sounded the alarm."Supervisory negligence" theory first emerged in Japan, and gradually applied to the judicial practice.Because of the frequent occurrence of mine accidents in China, academics and judicial practitioners began to address the status of non-direct supervisor who should be subject to criminal prosecution.As China's traditional negligence theory takes a relatively small role in the fault identification of non-direct action, therefore, it is particularly urgent to introduce supervisory negligence theory from foreign country to identify the responsibility of the relevant supervisor in mine accidents.This paper intends to elaborate the supervisory negligence theory in order to control the current multiple of the mine accident.This essay includes five chapters:In chapterâ… ,This essay first analyses the evolution of the criminal negligence theory and puts forward the concept of the supervisory negligence theory.It holds the idea that we should adopt a narrow sense about the concept of supervisory negligence.We should understand the nature of supervisory negligence, and grasp this theory from the original intention.Meanwhile,supervisory negligence is different from competing negligence, professional negligence and strict liability.In chapterâ…¡,the assay analyses the basic structure about supervisory negligence,which is composed of "there is a duty of care","the breach to the duty of care" and "supervisors have the ability to pay attention".In chapterâ…¢, the essay discusses the criminal patterns of supervisory negligence.It holds the idea that the acts of people who are supervised are limited to negligent acts. When the guilty of supervisors is complex,we should identify it as negligent supervision according to their subjective state of mind. In chapterâ…£,the assay focus on principles of the judicial determination of the supervisory negligence.The principles contain the causality of supervisory negligence,distribution principles of risk and trust principles.It points out that we should carefully deal with the application of distribution principles of risk and trust principles in supervisory negligence.In chapterâ…¤,the essay analyses problems in the theory of supervisory negligence and gives some legislative proposals.It holds the idea that the legislation should make the application scope of supervisory negligenceclear.At the same time,the criminal law categories should be improved.Finally,it points out the necessities and ranges of supervisory negligence.
Keywords/Search Tags:supervisory negligence, duty of care, ability to pay attention, trust principles
PDF Full Text Request
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