A Study On Duty Of Care In Supervisory Negligence

With the development of economy and society, the social relationship is becoming moreand more complicated, because the supervisor any supervision and managementresponsibilities and lead to major accidents, casualties and property loss phenomenon areconstantly emerging, therefore, the harm caused by negligence in supervision of socialrelations have gradually attracted attention. In judicial practice, the supervisory negligenceresponsibility range is too big or too small, the degree of responsibility often overweight orunderweight, which triggered the judicial circles, academia, the media and even the public alot of doubt and criticism. The supervisory negligence intermediary in a third man (supervisor)intentional, negligence or innocent act, causal relationship between the lead supervisorbehavior and harm result on the surface is completely separated, so we can only through thecareful analysis of its essence, can accurately distinguishing crime and not crime, whichcauses for supervision of criminal liability for fault in responsibility is very complex. Theduty of care as the core part of the supervisory negligence, in the theoretical study involved insmall, relatively weak, in practice, the influence of various factors resulting in the duty of carethat there are many problems, for example, human behavior results foreseeable obligations,the obligation is what, how to avoid evaluation and so on, these are all should be to solve theproblem. In view of this, this paper attempts to support the principle of combining theory withpractice, on the basis of study of the theory, in the author’s district court trial together withdereliction of duty that prisoners escape case as an example, from the new negligence theory,the basic connotation, the duty of care in supervisory negligence theory, pay attention to theproblem according to the breach of duty cognizance are discussed, according to the principleof trust, anticipated possibility and "acceptable risk" Application of the theory in the caseanalysis, it draws the conclusion of the study, in order to achieve the child is father of the man,serve the judicial practice effect.Introduction in addition to the full text is divided into four parts, a total of about17,000words:The first part is the brief introduction of the specific circumstances of the case, and toelucidate the acts that people have no violation to the attention focus of controversy in theexisting obligations. The second part is the legal analysis of fault liability of supervision. Based on theanalysis of variance and the duty of supervision negligence concept, the theoretical basis ofthe content, expounds the application, principle of trust obligation of expectant possibility aswell as dangerous allowed understanding, so that the grounds for exemption rule ofnegligence in supervision, according to the actual situation of the case, to seek the support intheory.The third part is the analysis and conclusion of this case. Using the above theorycombined with the specific case analysis: from the supervisory negligence of duty of careobligation source analysis that the defendant Huang has the legal, but it is based on theprinciple of trust, anticipated possibility," the allowed danger theory ", thus the exemption,the conclusion of innocence.The fourth part is the case study of enlightenment. Using the research results in practice,that only because of the emergence of harmful consequences, without considering otherfactors will responsibility behavior is unfair, should the rational treatment.