The Study Of Supervisory Negligence

With the high-speed development of economy, public nuisance crime is becoming more and more frequent. After the1973"Senyong milk case", Japanese criminal law scholars formally proposed negligent supervision theory, the purpose is to solve factory,mining, medical, transportation and other areas of crime and criminal responsibility problems. In recent years, our country have more and more mine fire accident, scholars have begun to study the fault of supervisor far away from the accident scene negligence liability issues. Supervision of negligence theory has higher research value in this context, therefore, how to refer to foreign supervision negligence theory, localization using is particularly urgent to solve the issue of the criminal responsibility of supervisor. This article is to start from the basic theory of supervision negligence, theoretical exposition of system. This article is divided into four parts:The first part explains the basic theory of supervisory negligence. Firstly, introduced German and Japanese fault criminal law of main development path and proposed the supervisory negligence living space is apprehensive sense, this theory as the theoretical basis of supervisory negligence has real possibility and necessity. Secondly, focus on the concept of supervisory negligence, and author summarized on the basis of domestic and foreign scholars’view considered supervisor should only be supervisor’s negligence is responsible for supervision and fault is defined as: supervisory negligence is the responsible duties of supervision and management of the staff in production, life, work didn’t perform the necessary safety supervision and management duty, resulting in the national property, public property as well as the citizens’rights of person, property rights and other major losses to a form of sin, specifically, including human supervisory negligence and supervisory negligence of objects. The second part introduced the objective constitution of supervisory negligence. In the aspect of subject from the main feature proceed with of supervisory negligence, considered as supervisors should be to be the supervisor has legal supervision duty, and is a direct subordinate leadership. Subjectively, from the narrow sense of negligent supervision and management negligence were discussed. In the narrow sense that supervisor, supervisory negligence cases predicted object is their supervisory behavior and was oversee of the fault between the direct causal relationship and the supervision behavior and damage of the indirect causation; in the management of negligent occasions, foresee the object management didn’t establish corresponding security mechanism and which may cause damage. In addition, the supervisory negligence for breach of duty of care is introduced on the fault of the basic connotation, due to gross negligence and negligence of over confidence are different, careless negligence violates the obligation of foresighted result, overconfident negligence violates a result to avoid duty. Finally, the supervisory negligence behavior is summarized, including omissions and acts two categories.The third part is the focus of this article, author summarized several issues of common supervision and negligence theory. Firstly, the casual relationship is discussed, that of supervision and fault causality "supervisor of supervision and negligence-(cause)-the negligent acts of the supervisor-(cause)-the effects of damage".Accordingly, in the causal indirect causal relationship between the direct causal relationship between the supervisor and supervisee supervisor and the damage results in the relationship chain, the behavior of supervisor is link between the two. Secondly, trust principles apply to the authority fault analysis, the writer believes that trust principles can be the introduction of appropriate constraints, proposed a number of constraints. Finally, research the subjective state of mind of both supervision negligence theory and a brief analysis of narrow supervision negligence and management fault.The fourth part has summarized of our current judicial practice, supervisory negligence application in China is mainly distributed in two areas of business and public administration. In the specific application, the author’s suggestion is that proposal in specific fields to establish charges of supervisory negligence and penalty for punishment of appropriate limits and constraints.