Basic Problems Of Supervision And Fault Studies

In recent years,serious duty accident occured repeatedly and lead to a lot of loss.These Accident often has been induced by faults of many persons,except the works on the spot ,supervisornegligence has important effect the result.If only the Supervised people bear the criminal liability and ,supervisor out of it,it is unfair.In our country,Theory of Supervisory Negligence has been developed and attract our attention.The thesis try to expound on the basic issues of Theory of Spervision Negligence,hope it will be helpful to China Criminal Theory.The paper is divided into four chapters:The first part: Summarize Supervisory Negligence.In this part,firstly research on the history and origin case of theory of Supervisory Negligence, In the reality that accumulated rich Supervisory Negligence cases make supervision quite practical foundation。Secondly, analyzed the theoretical basis, and Spervision Negligence proposed new fault theory itself has laid the supervision of the value of the theory foundation for the fault, shall be investigated for criminal responsibility of the personnel related to provide theoretical suppor.Finally,analyse the concept of Supervisory Negligence,it includes special meanings and management supervision.The second part: Constitution of Supervisory Negligence.Spervision Negligence is special criminal negligence,it has the character of criminal negligence,but at the same it has its own special place.This chapter from the following several aspects reveals the feature of Supervisory Negligence:the Criminal main body,subjective need,behavior and causation of Supervisory Negligence,hope to set up the basic theory system of Supervisory Negligence.The third part:research on several issues of Supervisory Negligence.Trust Principle in the SpervisionNegligence whether can be applied and Supervisory Negligence whether belongs to negligence are traditionally argues in theory.To the supervisor,sorting these two problems shall be investigated for criminal responsibility and significance.Firstly,analyse the relation of Supervisory Negligence and trust principle,put forward that limited bring the trust principle into Supervisory Negligence.Lastly,Supervisor and by regulators have different duty of care because of their respective status,the nature of the work.Thus, Supervisory Negligence belongs to negligence.The Fourth part:Application of Supervisory Negligence.The writer Firstly analyses the application of Supervisory Negligence on several serious accident and the inspiration of its effect to China Criminal Law. advance five aspects to estimate criminal responsibility of Supervisory Negligence.