Study On The Practical Issues Of Supervision Negligence

Humans have benefited from the rapid development of science and technology, at the same time, it also brought huge calamities. In recent years, the economic standard of the mankind has been constantly being raised with the realization of industrial modernization in our country, Major industrial industries has been expanding such as transportation, construction, mining and so on. However, Industrial risk has become more and more difficult to control, resulting in a huge threat and damage to the safety of people’s lives and property. Criminal law as a social science, it must respond to situation of serious damage to the legal interests, but in the face of increasingly frequent serious accidents, the traditional theory of criminal law often stretched embarrassment. According to the traditional theory of criminal law in our country, in the disaster accident, only the direct operation personnel are punished. But in practice, the occurrence of a serious disaster accident, often not a person’s behavior led to, but by the people who are in different management positions in the organization. And in the judicial practice, there are two kind of erroneous tendencies: one is to just punish the direct operation personnel directly, not organization management personnel, but this will inevitably indulge crime; another will pursue the subject of unlimited expansion of the aggravated punishment in response to social demand, but this time they ignore the basic principle of the protection of human rights. Faced with this kind of practical problems, the theory of supervisory negligence arises at the historic moment.Supervisory negligence theory is a new type of criminal law which was produced in Japan in the 60’s of last century. As a new type of criminal law theory, it has aroused the concern and discussion of Japanese scholars. And supervision negligence theory first introduced into our country is in the middle and late 1980 s, due to the prevailing theory environment, the theory did not cause greater response. In recent years, along with the rapid development of China’s economy at the same time, accidents occur also become serious. At this time for supervision negligence theory research becomes more. Supervision negligence theory as a response to large-scale disasters, a new theory, which considers the fault liability subject is supervisory person, which actually is the expansion of negligence crime. We need to further explore the theoretical basis of supervision negligence theory, and clear the connotation and scope of application of the theory to make the expansion in the realization of social defense while not ignoring the protection of human rights.This article takes the hot spot which is applied by the supervision negligence in practice as the angle of view, then deeply analyses the basic theory, at the same time, provides some principles for the determination of the fault liability in practice, which limits the unlimited expansion of the supervision negligence. First of all, the first chapter of this article is an overview of the theory of supervision negligence, pointed out that the new negligence theory is the current situation of supervision negligence theory. Secondly, the second chapter discuss the essence of supervisory negligence—duty of care. This article first elaborates the connotation, the source and the system structure of the attention duty, and further explains its details. Thirdly, the third chapter of the paper considers that we should be from a substantive point of view to define the subject of supervision negligence. Meanwhile, the fourth chapter of this paper discusses the relationship between the trust principle and the supervision negligence. Since both of them are the result of the balance of the social value of the theory of negligence, so the two are consistent on the basis of theory, and I provides the conditions for the application of the principle of reliance in supervisory negligence. Finally, the fifth chapter is about the responsibility of supervisory negligence identification and distribution, the paper elaborates the supervisor,supervisees and each supervisor are not joint crime but coincidence of faults, therefore, it uses the principle of separate penalties punishment.Supervisory negligence theory provides a new angle of view for China’s response to the disaster accident cognizance of criminal responsibility, although it is now has not yet appeared in our country’s legislation, but spiritual connotation has in part of the judicial interpretation and judicial practice have tracked. The rational use of the theory of supervisory negligence is beneficial to avoid the injustice caused by the direct operator in practice, and the basic principle of ensuring human rights, and it is worth our further attention.