Study On Supervision Of Criminal Negligence

With the development of high-tech, major accidents have occurred frequently, in order to bring people to enjoy the advanced high-tech achievements greatly, while also effectively curb the occurrence of major accidents, accurate and relevant personnel be held criminally responsible, so the writer selected the topic of supervision of criminal negligence to study.Full text is divided into four major section:Part I Negligent supervision theory overviewNegligent supervision by the theoretical background, the fault theory of the development process, I believe that even if no specific predictions about a sense of fear as long as the danger can not be eliminated, to be established, criminal negligence, which endorsed the new negligence theory, a new theory of criminal negligence the basis of supervision. Then the author through the concept of general and special supervision of comparative fault analysis, fault monitoring should refer only to that of human command and supervision of the fault of improper form, not including management mistakes. Then introduced the supervision of criminal negligence in the subject, subjective, object, dependent, etc. features. Through contributory negligence and comparative analysis of competing negligence, negligent supervision and identify the common mistakes are mistakes rather than competing.Part II Elements of supervision and the establishment of criminal negligenceAs a special type of criminal negligence, negligent supervision and the establishment of a crime not only to meet the general elements of theestablishment of criminal negligence, and its subject, subjective and objective side also has its own characteristicsPart III Monitoring the status of criminal negligence in ChinaThrough the legislative, judicial supervision of criminal negligence in two aspects of the inquiry shows, monitoring negligence theory implicit in the Criminal Code has provisions reflected in the judicial interpretation, and non-relevant provisions in criminal law, judicial practice has been indirectly applicable.These fully demonstrate that supervision and criminal negligence theory in China has been received considerable attention. However, the supervision of criminal negligence is not the identification a simple matter, need to correct and careful application of the principles of trust, negligent supervision and a good grasp of the difference between responsibility and leadership, supervision and management to seize the essential characteristics of criminal responsibility..Part IV Supervision of criminal negligence and improvement of the legislative defeThere is no clear or specific provision legislation on supervisory negligence. At the same time there are units in legislation wasn't complte,the charges unreasonable,standards found unreasonable and so on, which we need to take measures for improvement, such as a clear monitoring the application of criminal negligence range, set the criminal negligence charges of independent oversight, scientific and rational sentencing range set, set,Potential Damage.