Business Criminal Negligence Basic Theoretical Research

In the last few years professional negligence crimes in our country occur rents multifariously, and results in huge danger to our country's economy and societies, if not adopted the valid measures to take into control, there is inevitable disadvantage to the development of keeping on, healthy, market economy of our country. The researches of the professional negligence crimes problems in our country's criminal law theories is placed in the start stage still, the scholars still have not studied the professional negligence crimes problem systematically, there are still some disputes on the problem and the crime lawmaking did not give full concerns and values to the professional negligence crimes too. Through analyzing and absorbing the study achievements of domestic and foreign theories, the dissertation tries to study some foundational theories problem on professional negligence crimes systematically, at the same time through investigating and studying the domestic and foreign Penal Law, the dissertation presents some suggestion on our country's criminal legislation to perfect the relevant provisions of the Penal Law and the writer hopes to have some beneficial function to our country's abundance and development on criminal legislation theories. On the system structure, the dissertation is divided into four chapters.In chapter one ,the author firstly inquires into the implication of professional and points out the professional within the meaning of the criminal law differs from the professional within the meaning of general and has the professional, continual and dangerous features. Based on the analysis, the dissertation gives the definition of professional negligence crimes and analyzes the characteristic of itself and four important items of professional negligence crimes. It studies mainly the corpus, the subjective conditions, the objective conditions.In chapter two , the dissertation probes into the professional notice obligation and professional notice ability in subjective conditions for professional negligence crimes.Firstly,it introduced the content of notice obligation , the definition and contents of professional notice obligation and points out that the professional notice obligation contains consequence-foreseeing obligation and consequence-avoiding obligation.Secondly,it illustrates the judging standards of professional notice ability and gives the definition of professional notice ability. It emphasizes that judging whether behaviors have professional...