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Research On The Crime Of Supervisory Negligence

Posted on:2015-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2296330428498466Subject:Law
Abstract/Summary:PDF Full Text Request
Negligence supervision theory has experienced from the traditional theory to the newtheory, then to the theory of fear, Morinaga Milk Case provided an opportunity that theSupervisory Negligence theory came around, the theory aimed to solve many varioussecurity incidents in supervision field. This article will start from the development ofsupervision negligence theory, analyze the pros and cons of every kind of theory. Thispaper agrees that the old theory and the theory of fear can’t be the theory of negligentsupervision. The Negligent supervision is different from normal negligence theory in manyways. Reliance principle is an important principle used in supervision negligence, but itcan apply in what kind of situation have controversies, we agree with the restricted applyand analyze how to apply. Finally, this paper will analysis in-depth of the existingdeficiencies and put forward some suggestions, advised that we can add act crime insupervision negligence and we can add the penalty on qualification in legislation. hoping tosolve some specific cases and can benefit in judicial practice.
Keywords/Search Tags:Supervision negligence, The old negligence theory, The new negligencetheory, The theory of fear, The reliance principle
PDF Full Text Request
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