A Study On Duty Of Care In Supervisory Negligence

Since the1950s, technology and economy has been developed rapidly, people’sliving standards continue to improve. But at the same time, we also entered a risks era.Especially in industrial and mining, engineering, food medicine and other fields,pollution events have proliferated. For punishment and containment these malignantaccidents thoroughly, the concept of supervision negligence puts forward in theory, inpractice, also punishment neglect and poor management of the related leaders,supervisors, or commander.In recent years, with the development of economy and the construction ofurbanization and industrialization, our country also step into a period of time thatmajor malignant accident frequently, the frequent mining accidents, massive fires,buildings collapsed, food and drug pollution is growing, and keep on rising. When thecourt dealing with such cases in China, although doesn’t use the word "supervisionnegligence", judicial workers also use supervision negligence theory to solve relevantpersonnel that supervision and responsibility of the fault.Supervision negligence theory research has just started in our country, it is alsobelong "novelty" for the judicial workers, so study on supervision and fault problemin theory, on the one hand can solve enterprise groups such as the body for thejudicial practice of the fault liability to provide theoretical basis for leaders,supervisors, on the other hand can use this theory effectively supervise the leaderresponsibility, diligence, cautious, so as to minimize and prevent the happening of themalignant accident crime, safeguard social public safety and people’s life safety.From continental law point of view, this paper to study on supervision in negligence,belong to the basic theory research, but also has a certain practical significance. Theduty of care is the core of Supervision in negligence. The author writing the basictheory, at the same time, trying to combine the thinking and the reality, the finalpurpose is to build a better system to recognized supervision in negligence, in order toaccurately clean the relations between supervision in negligence and generalnegligence. The duty of care in the Supervision in negligence is discussed in detail in thispaper, particularly the dualism of duty of foresighted result and duty of avoidableresult. Supervision in negligence is very complex, so it is great significance forparticular discussed. In practice, try to make the scope of the Supervision innegligence clearly, given a clear standard to criminal responsibility of Supervision innegligence. In this paper, research methods for logic method, system method,comparative method, etc. Paper will also discuss with some cases and judicialprecedent.Chapter1is discussed the base theoretical of supervision negligence. Thischapter expound supervision negligence is the inevitable product of socialdevelopment，introduces the difference between and general negligence, and make itclear. Then introduce the theories of negligence briefly. And put forward the theory ofimputation of supervision in negligence is new negligence theory.Chapter2summarizes the duty of care in supervision negligence, focus on thebasic theory of duty of care in supervisory negligence. Duty of care in supervisionincludes duty of foresighted result and duty of avoidable result, and the latter is moreimportant. By demonstrate these theories, finally divide the duty of care insupervision negligence into three ways, the duty of care required by division of laborin business, the duty of care required by job, the duty of care required by law orregulations.Chapter3is the focus of this article. This chapter discuss from tow aspects: dutyof foresighted result and duty of avoidable result. Puts forward duty of foresightedresult in supervision negligence is duality at first. The supervisors should not onlyforesee supervisee behavior, but also foresee the results, and discusses therelationship between them. And put forward that the new negligence theory canexplain duty of foresighted result in supervision negligence. Discusses that there aremany factors need to consider when judge the possibility of foresighted. Make it clearthat duty of avoidable result is the key factor in supervision negligence at the secondpart. As previously mentioned, duty of avoidable result in supervision negligence isdualism too. They are the duty to avoid supervisee negligence and to avoid harmresult happen. Finally introduction the anticipated possibility to explain the avoid possibility. Make it more operable in judgment.Chapter4is duty of care in supervision negligence and the principle of trust.This chapter introduces the basic theory of the principle of trust briefly, and discussesthe prevent function that the principles of trust to duty of care. Finally restrict theprinciples of trust using by clear the applicable range and conditions.