On The Penalty Configuration Of Vocational Negligence Crime

According to China's Criminal Law theory,the common classification of negligent crimes is divided into general negligence crime and vocational negligence crime.In practice,this two kinds of negligence crimes exist significant differences in the crime rate and social harmfulness.The crime rate of vocational negligence crime is much higher than that of the general negligence crime,and its social harmfulness is also heavier than that of the general negligence crime.Therefore,the impact of vocational negligence crime is far-reaching.Although rough rules exist in the present laws,it is still inconvenient to solve this kind of crime.At present,there is no clear definition of vocational negligence crime in the current Criminal Law,and there is no specific penalty configuration that is appropriate to it.In addition to setting special case as the widely accepted vocational negligence crime,while there is no clear distinction between vocational negligence crime and the general negligence crime,several problems exist.For example,compared with other common crimes,the legal punishments for vocational negligence crime are usually too light,and the statutory sentences imposed are too narrow.For another example,the types of penalties for vocational negligence crime are single,making it difficult to take targeted penalties for offenders.The role played by the law can't meet the demands that the social needs.The obvious flaws in the allocation of penalties impede the full functioning of criminal law,and it is far from the goal of protecting human rights and penalties for crimes.Thus,this paper tries to specifically analyze and discuss the possible problems in the penalty configuration of vocational negligence crime,point out the possible existing problems of penalty configuration of vocational negligence crime in China's Criminal,and finally give some proper suggestions.This article is divided into five chapters---analyzing the current situations,putting forward questions,comparing and analyzing,learning from experience and solving problems.Chapter One,introduction.First,based on a brief introduction about the basic situation and development trend of negligence crimes,through consulting the literature and collecting data,the social harmfulness of the vocational negligence crime is discussed comprehensively and objectively.Afterwards,the typical crime of specific vocational negligence is pointed out as an entry point,which aims at analyzing judicial judgements,finding problems,putting forward questions and leading to the following discussion.Chapter two,concept introduction.It mainly focuses on the two core concepts of the vocational negligence crime and penalty configuration.The third chapter,based on the statistical analysis of the corresponding provisions of the current criminal law on the corresponding penalty of negligence crimes,and combined with the principles of penalty punishment,the penalty configuration of vocational negligence crime and general negligence crime are compared respectively to find out the irrational problems.The fourth chapter compares and analyzes the similarities and differences between the penalty configuration of the Chinese vocational negligence crime and foreign regulations.First of all,this article analyzes the legal provisions of Hong Kong,Macao and Taiwan,and then analyzes the legal provisions of foreign countries to find out the shortcomings in China's penalty configuration of vocational negligence crime.Finally,this article analyzes and summarizes the pros and cons of the corresponding penalty configuration of the above-mentioned regions and countries to provide reference.The fifth chapter proposes several legislative proposals for China's criminal penalty for vocational negligence crime and attempts to open a way to solve the problems and shortcomings in the Chinese criminal penalty configuration of vocational negligence crime so as to achieve the final writing purpose of the article.Chapter Six,Conclusion.Make a general summary of the paper.