On The Business A Crime Of Negligence

AB S TRACT It is determined by the dialectic relation between the practice and the theoretics that the start and the end- result of the theoretics are studying and resolving the practical probloms. The theoretics of the Criminal Law can not deviate this principle and should be used to study and resolve the grave criminal probloms in the pratice of the judicature . Under the condition of modem technological revolution, the number and the degree of imperilment of the Crime of Business Default continue to increase and become serious with the complication and diversification of the social production, daily living and the increasing of the dangerous fountainhead. Therefore, the study of the Crime of Business Default is not only the need of protecting achievements of modem technology, but also the need of accelerating the promotion and the development of the society. Currently For the new character of the Crime of N Business Default under the condition of modem technological revolution, some countries not only adopt some corresponding steps in legislation, but also intensify the study of the Crime of Default and bring forward new forms of the Crime of Default such as 2 the Crime for ignorance and the Crime of the Will?s neglection . In contrast, the study of the Crime of Default, especially the study of the Crime of Business Default in the study of the Criminal Law in our country, is weak.This should be emphasized. In this thesis, the basic Problems of the Crime of business Default are investigated with the direction of the theoretics of the Marxist Criminal law, with the research method of the comparisor and with the way of the connection with the facts. These will be useful to the work of criminal judicature in the future Limited by the author抯 capability, however, there will be disadvantage and mistakes. I will be thankful for the comment of every mentor and craft brother. This thesis is divided into five parts. The first ,the summary of the Crime of Business Default, In this part, the occasion of the Crime of Business Default, under the condition of modem technological revolution ,and the necessity and imminency of deeply studying this case are completely presented . The sencond , the concept of the Crime of Business Default. By the way of analyzing three different understandings of 揵usiness?in the kingdom of theory, this part defines the connotation and entension of business攁nd bring forward the concept of the Crime of the Business Default on this groundwork . The third, the characters of the Crime of Business Default. The Crime of 3 Business Default is a kind of crime that is different to the Intenting-crime and the common crime of default. It has special mechanism of forming of its own . The fourth, the limit of the Crime of Business Default. In this section , I accently analyze two twins of the Crime of Business Default which are easily to be confused in the practice . The fifth, several questions needed to be studied in the Crime of business Default . Contraposing the regulations of the Crime of Business Default in the current code of the criminal law, some advice of modification on the legislation was brought forward.