The Constitution Of The Crime Of Supervisory Negligence

With the development of industrial modernization in our country,various disasters are happening constantly.As a social science,criminal law must respond to the social situation that seriously endangers the safety of people's lives and property.The frequency of major accidents is getting higher and higher,which is difficult to deal with by traditional criminal law theory.Specifically,the occurrence of serious disaster accidents is usually caused by the actors at different levels.According to traditional criminal law theory,only the direct operators on the scene are punished.For the leaders who are not directly involved in the on-site operation but in the supervisory and administrative position,it is true that the occurrence of serious disaster accidents is caused by the actors at different levels.Should these people be held criminally responsible?Traditional criminal law theory fails to give an accurate explanation.This leads to two kinds of erroneous tendencies when investigating the criminal responsibility of major accident crime in practice,either only investigating the responsibility of the direct operator on the spot and not punishing the leader who indirectly caused the harmful result;or expanding the subject of investigating responsibility unrestrictedly,as long as the actor is related to the harmful result,it will be the model of investigating the criminal responsibility.Within the confining area.In order to deal with the above problems in judicial practice,the theory of supervisory negligence arises.The main body of the responsibility for negligence in the theory of supervisory negligence is the actor who has no direct harm and is in the supervisory position.It is necessary to further excavate the theoretical foundation of supervisory negligent crime in order to achieve the goal of social defense and human rights protection.Based on the characteristics of supervisory negligence crime,three problems need to be solved in identifying supervisory negligence crime are derived:what is the scope of the subject of supervisory negligence crime?Because the supervisor is far away from the site space,what is the content of hazard prediction?Based on the existence of intervention factors,how to identify the causal relationship between supervisor's behavior and harmful results.These three problems belong to the main body,subjective elements and objective elements of the elements of crime.Therefore,in order to clarify the form of supervisory negligence crime,this paper takes the constitutive elements of crime as the basic framework of theoretical analysis,provides some basic ideas for solving the problem of identifying supervisory negligence injudicial practice,and limits its scope reasonably.In the main part of the article,the first chapter first elaborates the general theory of supervisory negligence,clarifies the concept of supervisory negligence,and elaborates the theoretical basis of supervisory negligence.Chapter ? through the analysis of typical cases,leads to the practice of identifying the elements of Supervision Negligence crime,how to identify.The third chapter first elaborates the conceptual characteristics of the subject of supervisory negligence,and then identifies the scope of the subject of supervisory negligence crime through the combination of the principle of conformity and the principle of exclusion.For the subjective aspect of supervisory negligence crime,through the elaboration and analysis of various points of view,the author determines whether the supervisor's obligation to predict the harmful results is concrete or abstract,and takes the willingness factor and cognitive factor of supervisory negligence crime and the source of duty of care as the substantial support.In the aspect of causality determination,under the framework of overall elaboration and analysis of the objective aspects of supervisory negligence,harmful results and causality,it is determined that the causality determination of supervisory negligence should meet the requirements of legality,close correlation and elimination of interruption.