Research On The Professional Negligence Guilty In The Context Of Risky Society

The ever-changing science and technology and its universal coverage in theproduction areas of life is bringing human beings into a society full of "risk ". This isreflected in the structure of the criminal for the high incidence of all kinds ofProfessional negligence, accidents crime and crimes to traffic accident as therepresentatives in recent years. What’s more, the further intensification of the trend isclearly. All these have brought a serious threat to the national public safety and people’slives and property safety. If we do not take timely and effective measures to punishthem, there will be no end of trouble. With the increasing demands of the community tocrack down on professional negligence, calling for improving the professionalnegligence theory by criminal legislation and judicial practice has become even moreurgently. Facing with the current severe social situation, the intent of this article is togive an in-depth, systematical study with those issues related to the professionalnegligence, and to sum up the operational approach and conclusions with normativesense for the effective prevention and accurate punishment to professional negligenceby providing theory basis and guidance. On this basis, it will further enrich and perfectthe system of our criminal law on the theory of negligent crimes.The main body of the article is divided into five parts.Part1: An overview of basic theory of professional negligence.In this part, it mainly introduce the some related concepts, characteristics and otherbasic questions of professional negligence. To sum up the professional negligence in thecriminal law definition by analyzing and proving those different doctrines: theprofessional negligence in the Criminal Law refers to the behavior of people, it’s aspecialized work with dangerous which is repeatedly implemented or will be repeatedlyimplemented. It has repetition and continuation, certain degree of risk, but does not havenecessarily legitimacy.Part2：Reveals the factual situation of the risky society. Introduces a correlationbetween the risky society and the professional negligence. By analyzing the empiricaldata and cases of the overall trend of the professional negligence in the risky society,this article clarifies that the number of the crime of negligence, especially theprofessional negligence in the operation and production of scientific and technological achievements will be in substantial growth with the advent of the risky society, and itwill completely change the proportion of criminal negligence in the total amount ofsocial crime.Part3: The theoretical system of the professional negligence. Analises the affectionof the risky society to the constructure of the professional negligence from an academicangle of view. First of all, on the basis of reviewing the history of the doctrinedevelopment process of the professional negligence theoretical system, it reveals thatthe evolution from the "old negligence" to the "super negligence" was in theconformance of the requirements of social development. Secondly, it analys the changeof the constitution of negligent crime from the clues of evolution of doctrine covered bywhich, the evaluation elements essentially culpability as a responsibility to rise to beincorporated into the illegality, or even constitute the elements of the complianceevaluation elements, reflecting the evaluation of the fault from a subjective level,gradually rising to the evolution of the objective level; Finally, pay attention to businesscapabilities and business duty of care of these two core issues as the central elements ofprofessional negligence committed by the master, the objective dialectical analysis,proposed to respond to the challenges of risk society, those people’s lives and healthhas a major relations, high risk, while there are large economic profit industry, shoulddevelop a more stringent business standards, the criminal law of its practitioners shouldalso be attached relatively strict duty of care, in order to force the industry to improvetheir business standards, enhanced employees in the business level.Part4: The review of the traditional criminal law ontology. Reveals the reflectionof the risky society to he traditional theory, have stuck to the harm principle and thesubjective imputation system has been unable to meet the new requirements of socialdevelopment.Criminal law face a dual task, it is necessary to give full play to its orderto maintain function, social risk control to protect the security and stability of society asa whole, but also to ensure the path of social development from the block, enablingindividuals to enjoy the well-being and social development. Specific manifestations ofthis change is the safety of the Criminal Code value concept, with the objectiveimputation theory was born.Part5: Exploring the way of the professional negligence. By the analysis of therisky society and its impact to the criminal law ontology, the article interprets the reason due to some risky business behavior is of great significance for social development,therefore, the community should these the presence of risk given a certain range oftolerance. Return to the criminal law, on the one hand, reflect the values of the criminallaw of the security risk society, can increase the business of the provisions of thePotential Damage to define the scope of its establishment by "concrete danger" standard; the other hand, the protection of social life interests to the point of view, the objectiveimputation theory can learn from the German criminal law,"the manufacture and thelaw does not allow risk" as a lawless standard of the evaluation.In this paper, the Germany and Japanese theories of negligent crime were used asthe main framework, and it combine with China’s criminal law theory of negligentcrime by the doctrine, view, and feasibility studies, analysis in the comparison. Thepurpose is to more in-depth and comprehensive mining of criminal law on professionalnegligence committed in the risk society theoretical loopholes and shortcomings, andthen rose on the review of the entire traditional criminal law ontology. The innovationlies in the interpretation of professional negligence committed:(1) to break thetraditional paradigm, excavated from the moment several actual cases causedwidespread controversy behind the issue of criminal law, give full consideration to theneeds of social reality.(2) to analyse the knowledge of the combination of sociologicaltheory on risk society committed professional negligence in the criminal law thehorizontal use of the theory of the different disciplines.