The Cognizance Of Negligence In Supervision Of The Crime Of Dereliction Of Duty

In recent years,along with the society to the production safety accidents has been paid more and more attention,the personnel of organs of state regulatory functions whether to perform in place into previous production safety accidents occurred after the first concern of society。Although the theory research for the personnel of state organs negligent supervision duties which cause serious consequences of this situation。That is, the theory of supervisory negligence。But the theory of supervisory negligence is also just stay at the theoretical stage,did not put into practice,no more applied to specific cases in, and for many theoretical problems are also controversial 。Therefore, the author of the crime of dereliction of duty of Supervision Negligence and identify research, has a benefit by the time to the development of the theory。This paper is divided into three chapters to be discussed, the first chapter is the summary of supervision of criminal negligence, is mainly to supervise negligence theory, the development concept of supervisory negligence, negligence theory development and the characteristics of fault theory support, and expounds the analysis thought of negligence in supervision dereliction of duty.The second chapter is the theory of supervisory negligence is the judgment of causation, causal relationship although in four elements theory is not considered as elements, but in fact it negligence crime, the judgment of causation is particularly important, and the supervision of criminal negligence has the characteristics of causal relationship is very complex, need to carefully screen.The third chapter is the focus of this paper, supervision of criminal negligence of duty of care includes the duty to judge, foreseeable obligations and avoid duty, duty of care is the premise of judging the attention ability in judgment, only the right to judge whether the actor has the ability to pay attention and to avoid foreseeable obligations, obligations, and foreseeable obligations, to avoid obligations situation to judge correctly behavior people would constitute the supervisory negligence. Finally is the epilogue, on the behavior of supervisory negligence constraint to perfect criminal and non criminal system from the system point of view, put forward some suggestions.