Study Of Business Criminal Negligence

Although there were some regulations which included relevant contents about vocational negligence in Chinese ancient law, they were far from those in the modem times in terms of connotation. According to the situation that the quantity of offense of vocational negligence keeps growing and its endangerment keeps intensifying, many countries in the world not only define specifically that offense of vocational negligence should be punished heavily in the legislation, but also do in-depth researches theoretically. The theory of vocational negligence came into being to deal with numerous offense of vocational negligence that violate special-noticed obligation and cause severe dangerous results during the development process of society and technology. Its appearance further riches and deepens the theory of vocational negligence.The distinction between regular offense of negligence and offense of vocational negligence lies on "vocation", hence "vocation" is the key to comprehend offense of vocational negligence. There has always been the controversy on how to define "vocation" among the jurists in Japan and Taiwan district, and recently a trend of increasingly enlarging the scope of "vocation" is forming in judicial practice. Under this circumstance, the author argues that, concerning how to define "vocation", basic theory and legislation regulations of the criminal law of our country should be insisted on, and the meaning and extension of "vocation" should be clarified through three aspects: meaning in criminal law, meaning in essence of crime, and the scope of "vocation". It should be pointed out that in terms of criminal law, vocation is related to doers profession or business activities, can be executed repeatedly or will be executed repeatedly, and may result in dangerous results. So it has the characteristics of validity, specialty, repetition, and jeopardy. Over-expanding the scope of "vocation" does not only disobey the modest principle of criminal law, but also makes the crime of offense of vocational negligence meaningless. Based on it, the offense of vocational negligence means during the business activities, operational person disobey the obligation of special awareness required by the business operations due to negligence or overconfidence, and results in severe results that endanger the society.Regarding the prerequisite of offense of vocational negligence, the author explains the subject of crime is peculiar and multiple which means both natural person and organization could be the subject. The subjective elements of the crime may include the capability and obligation of vocational awareness, in which, the capability of vocational awareness may include the ability to recognize and avoid, and the criteria to judge it may adopt the subjective criterion and combine with the objective criterion; and the obligation of vocational awareness may involve the obligations to foresee and avoid the results, and it is more appropriate to comprehend the result as a relative specified one. And the objective aspect of offense of vocational negligence indicates that during business activities, the doer violates the obligation of special awareness, performs certain kinds of activities, and causes dangerous results that are prohibited by the criminal law. Within it, the violation of the obligation of vocational awareness by operational activities limits to the written laws, regulations and rules, and should include non-written practices as well. For the situation that only results in dangerous status, on the basis of the basic theory of criminal law of our country, the crime of offense of vocational negligence is not valid.About the criminal responsibility of offense of vocational negligence, this paper discusses two issues of the punishment principle and the setting of sentence for it, and suggests the punishment for offense of vocational negligence should be heavier than that of the crime of regular negligence. Of course, the essay is attempting to do integrated and abstract study of the crime, and no specific sentence is concerned. Aiming at the defects of the legislation of offense of vocational negligence, based on the analysis of current situation of the crime of offense of vocational negligence of our country, combining with the legislation regulations of the crime home and abroad, the author puts forwards some suggestions on how to perfect it through the legislation mode, the subject, and the sentence configuration.