Study On Criminal Responsibility Of Safety Production Supervisory Negligence

The current accountability system of production safety regulators is unreasonable, that is "Farther away from the scene, the less responsibility", the only accountability, either administrative responsibility, or based on dereliction of duty. However, both methods of accountability are present practice and theoretical misunderstanding blind, On the one hand, take disciplinary or administrative penalties instead of criminal penalties, not only the lack of deterrence, cannot curb the occurrence of such incidents, but also harboring suspects; On the other hand, the regulatory responsibility and liability dereliction confused, Simply punished with dereliction of duty will cause criminal culpability not consistent, quite contrary to the principle of legality.During the1960s, in order to settle the fault liability of the person bearing the supervisory obligation in major catastrophic accidents, scholars in Japan and Germany advanced the theory about the crime of supervisory negligence. In theory, the traditional theory of negligence faces great challenge when it comes to construing this issue, while the theory of supervisory negligence provides us a new thinking. The introduction of the theory of supervisory negligence not only can promote the development of the theory of negligence, but also reasonably determine the responsibility of regulators for safety accidents, and correct the current legislative and judicial practice deviation.After the introduction of the theory of supervisory negligence, In order to better pursue the criminal responsibility of regulators, we can set up a "crime of production safety supervision negligence" in the criminal law. Of course, since the theory is based on the theory of apprehensive feeling, it has the risk of expanding crime scope, to overcome this deficiency, we need to introduce the principle of trust to limit its scope.