Study On Offenses Of Vocational Negligence

The article consists of the preface and four main parts as the following:Part 1:The preface explains the background and purpose of writing, the research methods, the structure arrangement and so on.Part 2:overview of offenses of vocational negligence. In this part, the article expounds the criminal meaning of vocation and the concept of offenses of vocational negligence, based on the analysis of characteristics of vocation. The author thinks offenses of vocational negligence are some behaviors that happen in vocation, violate the criminal obligation about professional acts, and make the seriously harmful results. Offenses of vocational negligence are different from both the intentional crime and offenses of ordinary negligence. These differences are embodied in perpetrator, behavioral nature, and vocational obligation and so on.Part 3:attentive ability and attentive obligation in vocation. This part focuses on the content of attentive ability and attentive obligation, the identification on them, the relationship of them and some related theories. For the offenses of vocational negligence, attentive obligation is based on the possibility of attention, which includes the obligation of predicting the dangerous result and the obligation of avoiding it. Attentive ability is the precondition of performing attentive obligation, which includes the ability of predicting the dangerous result and the ability of avoiding it.Part 4:the main features of offenses of vocational negligence. This part is divided into three small parts. The first section is about the subject of offenses of vocational negligence, who is related to some vocation, and includes ordinary subject and special subject, different from the special subject in criminal law. The second section is about the subjective aspect of offenses of vocational negligence, which is shown by that the subject with attentive obligation and attentive ability doesn't predict the dangerous result or avoid it because of negligence. The third section is about the objective aspect of offenses of vocational negligence, which means some behaviors that violate the attentive obligation and cause the dangerous result in vocational activities.Part 5:the criminal responsibility of offenses of vocational negligence. This part illustrates the basis of punishment of offenses of vocational negligence, which relies on the denial of the objective behavior and subjective mental attitude. Theory on Permitted Danger and Reliance Rule are playing an important role in settlement of the criminal liability. Generally, the liability of offenses of vocational negligence is heavier than the liability of offenses of ordinary negligence. We should punish the offenses of vocational negligence according to the degree of specific circumstances.