The Research On The Criminal Subject Scope Of Supervisory Negligence

Criminal case supervision negligence theory comes from Japan, is in order to solve the division of labor in today’s society increasingly intensification of cases, how to pursue the criminal responsibility of relevant problems in the large-scale disasters and accidents. Such as medical accident, fire accident, environmental pollution accident, large mass disaster accident, the harm results tend to be most people caused by the negligence of competition together, in the process of shall be investigated for responsibility, not only for direct behavior of actual operation, to direct behavior is responsible for the supervision and management, command behavior or for safety management system, equipment, such as the supervisor responsible for the supervision, if because of its slack behavior did not prevent or correct, even to direct actors negligence that led to a harm as a result, the supervisor should supervise negligence liability. However, in judicial practice, the supervisors are responsible for the supervision only bear the administrative responsibility, cannot achieve the equilibrium of guilt or certain cases criminal responsibility shall be investigated for the supervisors have different judgment standard, the main responsibility, punishment optional the gender is strong for such judicial injustice. Therefore, it is necessary for us to monitor conduct the thorough research to the theory of fault liability, discuss the supervision of criminal negligence liability subject of specific standards, use punishment means to punish should be held responsible for lack of supervision, strengthen the responsibility consciousness, to better contain significant responsibility for the accident.This article mainly from the following several aspects:First of all, in general, the introduction supervision negligence of controversy in theory, the main responsibility for later under supervision of criminal negligence that provides a legal basis. Distinguishes between supervision and fault and fault management, clear the scope of supervision negligence, avoid unlimited liability subject to expand; Combed the supervision has decided that the properties of fault by comparing with the concurrence of contributory negligence and fault analysis, supervision and fault imputation that the reason is the concurrence of the supervisor and supervisee fault; And briefly introduces the theory that the main responsibility for supervision of criminal negligence standard, thus leads to the supervision of criminal negligence responsibility below subject of discussion. Secondly, this paper expounds the determination of supervision of criminal negligence responsibility main body principle, think to follow which violate the principle of supervision duty upward retroactive principle and responsibility to stop the principle. Again, this paper introduces the supervision and fault liability in the main body that should be emphatically grasp the content, from the supervision of the relationship between supervisor and supervisee and the supervision of the supervisors have essentially access these two aspects to judge. Quilt is thought as long as it is the supervisor shall have the obligation to the protection of the exclusive, the specific cause of the harm results have a certain, must undertake supervision and fault liability. Finally, specific fulfill the provisions of the criminal law in our country, to clarify the relationship between supervision negligence and dereliction of duty, has been clear about the dereliction of duty cannot include supervision of negligence, supervision negligence theory has its independent development necessary. And validation from specific case supervision of criminal negligence liability subject recognized standards, in order to solve real-life problems.