The Research On Judicial Determination Of Vocation Negligence Crime

The development of high-tech era is in the ascendant,its impact is two-way,and the future will be a risk society.Behind the various occupations of high-level division and cooperation,it is the practitioners who must be highly responsible for fulfilling their duty of care and improving their ability to pay attention.Once it is careless or overconfident and violates the requirements of vocation duties or vocation norms,all kinds of major accidents caused by the crime of vocation negligence will seriously harm the society.The general provisions of the criminal law do not make a systematic definition of the crime of vocation negligence,but only set up part of the crime of vocation negligence in the sub-provisions,but how to determine the specific crime of vocation negligence in judicial practice does not form a unified standard..Therefore,it is of great significance to compare the related concepts of professional negligent crime,analyze the characteristics of professional negligent crime,and further explore many problems encountered in judicial determination of professional negligent crime.It is necessary to compare and explain some words in the study of judicial cognizance of professional negligence crime.Therefore,the analysis of the semantics of "vocation" and "vocation negligence" is the basis of the article's narration and discussion.The "vocation" in the crime of vocation negligence is social,repeated,dangerous,specialized,and does not necessarily require legitimate activities.There are some relations between "vocation fault" and "supervisory fault","ordinary fault"and "post fault",but there are some differences.The crime of vocation negligence is a violation of the vocation note in the course of repeatedly carrying out dangerous affairs based on the social life status of the perpetrator.A criminal activity consisting of harmful consequences caused by an obligation of intent.The duty of vocation attention and the ability to pay attention to the vocation are the core problems of determining the crime of vocation negligence.In determining the ability to pay attention to the vocation,we should take the subjective and objective standard as the theoretical basis,and in the concrete process of identification,the actor should meet the qualification admission standards stipulated by laws and regulations,rules and regulations,and so on.That is to say,the relative objective standard of the industry is taken as the reference;At the same time,consideration should be given to the uneven actual vocation capacity of the vocation personnel,as well as the background environment in which the vocation activities are located.The determination of vocation duty of care.First of all,the understanding of what should be expected to do harm is based on concrete results,and at the same time take part in the examination.Considering the relativity of the harm result,the industry specific problems involved in different cases are analyzed in detail.In the result avoidance obligation,the actor should be subjective cautious and adopt the psychological attitude of avoiding measures when he encounters the dangerous state,secondly,both the written norms and the unwritten provisions of our country can be used as the basis of the duty of vocation attention;Finally,in the application of the principles of reliance,permissible danger and other theories,attention should be paid to different situations applicable to different industries.The subject of vocation negligence crime should have special identity attributes such as the external identification characteristics of the employees and the profession-related qualifications,and should not be limited to the legitimate vocation activities;On the basis of admitting that the perpetrator of the crime of vocation negligence includes the unit subject,the supervisor,as the subject of the crime,should have certain professional requirements in order to reasonably allocate the responsibility between the unit and the individual leader.The cognizance of causation of crime of vocation negligence is also one of the key links.The key of crime of vocation negligence is how to impute responsibility,that is,how to distribute responsibility.In order to meet the needs of the modern risk society,the theory of causation,which is most suitable for determining the crime of vocation negligence,should be the framework of objective imputation theory,so that different industries can identify the causal relationship in the process of concrete identification.It is more reasonable and feasible to adopt the three order criteria of"conditional Formula-NESS Standard-probability elevation" proposed by some scholars.