Research On The Crime Of Crew’s Driving Professional Negligence

With the development of water transportation and marine economy,water navigation becomes more and more important.But in the process of developing the marine economy,we are inevitably going to face to the more frequent and the more massive water traffic accidents.The present situation is not conducive to the harmonious development of water transportation in our country,but also not conducive to the steady of marine economy,more conducive to the implementation of the strategy of ’maritime power’ in our country.So we need to use the relatively strict means to punish them.According to the data,most of the current water traffic accidents are handled in accordance with the administrative law.Criminal cases can get judicial prosecution are less.The most important reason is current criminal law in China does not include the provisions of the application for negligent crime of the crew’s driving business.In practice,there is a need for criminal law to be applied in the case of water traffic accidents,and the criminal law should be applied in a way that expands the interpretation of traffic offences.But as a result of water damage of the seriousness of consequences and the particularity of crew driving professional negligence crime,directly applicable traffic offences provisions exist obvious flaws in the sentencing,neither conforms to the principle of adaptive principle,is not conducive to the realization of social fairness and justice.This requires us to improve legislation,the development of appropriate laws and regulations,and fill legislative gaps.The full text is divided into six parts.The first part explains the basic theories of the crew driving professional negligence.This paper introduces the basic theory of professional negligence,and emphasizes the legitimacy of professional negligence from ordinary negligence.On the basis of delineating the attributes of the crew’s driving behavior,it shall be defined for the criminal negligence of the crew.The second part introduces the three theories of whether the crew should be investigated for criminal responsibility for negligence.Then,through analysis,I support the idea of limits.The third part is the determination of the crew to commit criminal negligence.The objective aspects,subjective aspects and causes of criminal negligence of the crew’s driving business are determined.The fourth part is based on the analysis of professional negligence punishment principle,under the condition of the crew driving professional negligence crime,think compromise that meets the crew to drive professional negligence crime punishment principle.The fifth part,after the necessity of clarifying the legal system of negligent crime in the driving business of the crew,with construction of a major shipping accident crime.gives a legislative proposal for the crew to drive professional negligence.Combined with the crew driving business negligence crime is discussed,and defines its elements to give criminal punishment suggestions.The sixth part is the conclusion.