Study Of Business Criminal Negligence

The dissertation consists of introduction and three main parts as the following: The introduction deals with the significance of the subject.Chapter I: In this part, the author firstly analyses the conception, classification ofprofessional criminal negligence, then discusses mostly the characteristics of this kind of crime on its subject , subjective aspect, and objective aspect. The article emphasizes : Professional criminal negligence is that the actor breaks necessary professional obligation during dealing with professional affair .because of which grave dangerous result happens; Dichotomy and trichotomy about the classification of professional criminal negligence have not only benefit but fraud and it is important that we excogitate more scientific classified method; The subject of professional criminal negligence is mostly particular subject ,but sometimes is general one; The business within the meaning of criminal law is a kind of dangerous affair that the actor must deal with time and again basing on some caste.; The content of professional criminal negligence in subject aspect is that because of carelessness, the actor does not foresee the danger of act when he can do or though he has forecast the danger, he swallows that the harmful result can be turned away; Professional criminalnegligence has three main characteristics on objective aspect as the following : Firstly this kind of crime must take place in the course of dealing with professional affair,Secondly breaking special notice duty is the essence of this kind of crime, Finallythere must be grave harmful result.Chapter II: This part focuses its attention on the intension and type of penalty of professional criminal negligence. The author believes: Usually, the penalty of professional criminal negligence should be harder than that of general criminal negligence, but if the actor of general criminal negligence breaks publicly legal prohibitory provision and puts in practice some dangerous behavior, the penalty of general criminal negligence should be harder than that of professional criminalnegligence; There should be not only fixed-term imprisonment and constraint, but fine and capacity penalty.The final part: In this part, the author analyses the legal provision of China and foreign countries on professional criminal negligence. On the basis of this, she presents some suggestion on Chinese criminal legislation: Firstly, we should give clear indication of professional criminal negligence in criminal law; Secondly, we should aggravate the penalty to professional criminal negligence; Thirdly, we should add properly dangerous crime in professional negligence to criminal law; At last, we should change oneness of the type of penalty about professional criminal negligenceand setup fine and capacity penalty.