Supervisory Negligence Theory In Investigating Dereliction Of Duty In The Judicial Use

Supervisory negligence theory refers to the theory that a supervisor should be punished when one disregards of their supervision duty from carelessness and causes an unreasonable harmful result. The theory originated in Japan in the 1950s, or 1960s. In the last few decades, this theory layout the groundwork for criminal liabilities in public nuisance or negligence accidents. It is not clearly defined in Chinese Criminal code but widely used in judicial practices, as well as the relevant judicial interpretations and cases.Supervisory negligence crime is basically the same in some elements of crime as misfeasance, which was written in the ninth chapter of China’s criminal code. But what supervisory negligence theory is more straight-forward and specific than the current theory is that is requires the perpetrator should not only somewhat predict what consequence their behaviors cause, but also somehow predict the consequence that the supervised person’s behaviors will cause. Moreover, the supervised person’s action should be at least part of the reasons of the final consequence. Therefore, the supervisory negligence theory in practice will play a positive role in preventing and recognizing the criminal responsibility more accurately.This essay is divided into four parts:The first part is an overview of the supervisory negligence theory, including the origin and development of the theory, basic concepts and theoretical basis of supervision negligence theory, and analyzes the reasons for the comprehensive utilization of supervisory negligence theory in our country.The second part is to determine the objective elements of misfeasance in the perspective of the theory of supervisory negligence. Based on the analysis of the behavior and causality of supervision negligence, this part puts forward the specific rules of the implementation of the act of misfeasanceThe third part is to determine the main elements of misfeasance in the perspective of the theory of supervisory negligence. It comes up with the idea that two positive aspects and two negative aspects should be taken into consideration to solve the problem of difficulty of recognizing the main responsibility of crimes of misfeasance.The fourth part is to determine the motivation of crimes of misfeasance in the perspective of the theory of supervisory negligence. This part discusses the supervision of people’s attention obligation and ability, and intentional misconduct of supervision for the case of the supervisor responsibility to analyze.