Study On The Crime Of Supervisory Negligence

The theory of supervisory negligence is a result of the theoretical development and practical needs,aiming at settling the negligence of the supervisors or managers.However,the disputes concerning the theory of supervisory negligence have led to the absence of clear guidance and basis for judicial practices.Supervisors are prone to leave things to luck,which is not conducive to the prevention of business risks.In order to effectively apply the theory of the crime of supervisory negligence in judicial practice,a comprehensive understanding about the theory is required.The composition characteristics and criminal responsibilities need to be detailed in particular.This paper falls into four parts:The first part is an overview of the crime of supervisory negligence.The crime of supervisory negligence refers to the type of crime in which the doer fails to perform supervision obligation due to negligence or overconfidence in business activities or related fields and shall bear criminal responsibilities for the resulted harmful consequences.After an analysis of different negligence theories,the new negligence theory that caters to China's general theoretical understanding and judicial practice requirements is adopted as the theoretical basis of the crime of supervisory negligence.The second part is the composition characteristics of the crime of supervisory negligence.In this part,the salient features of the crime of supervisory negligence compared with the general negligence crimes are analyzed to summarize its particularity.Accordingly,for the affirmation of act of perpetrating,the breach of duty of care and substantial risk incurred by the act are proposed as bases;for the affirmation of causality,substantial compliance,causality interruption and form compliance are proposed as criteria;for the affirmation of subjects,actual relevance principle and behavioral violation principle limited to the vertical supervision relations are proposed;for the judgment of attention ability,the attention ability owned by the average men in the industry is proposed.The third part focuses on the criminal liability resulted from crime of supervisory negligence.For the criminal liability resulted from crime of supervisory negligence,the subjective basis refers to that the doer subjectively has the relative intention freedom and violates his/her subjective duty of care,while the objective basis lies in that the does violates his/her objective duty of care and results in harmful consequences,and causality exists between the breach of objective duty of care and the harmful consequences.To reasonably restrict the conviction scope of crime of supervisory negligence,trust principle theory is introduced;the objective existence of trust and the absence of explicit untrustworthy factors are taken as applicable conditions for trust principle in the crime of supervisory negligence.The fourth part is the status quo and improvement of judicial practice in China on the crime of supervisory negligence.By analyzing the current legislation and the application of justice about the crime of supervisory in our country.Put forward four suggestions for improvement,clearly applicable to the scope of the subject,establish a special investigation mechanism,clearly identify the fault of supervision,applicable occupational restraint.