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Research On The Supervisory Negligence Liability In Flight Safety Accidents

Posted on:2020-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y QianFull Text:PDF
GTID:2416330596494250Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The theory of supervisory negligence liability is a theory that advocates investigating the criminal responsibility of supervisory subject when the supervisory subject neglects to exercise supervisory responsibility and causes serious damage.Flight safety accidents are often caused by a variety of reasons,including civil aviation safety supervisors' dereliction of duty.While we are investigating the criminal responsibility of front-line workers in civil aviation,we should also consider introducing the theory of supervisory negligence liability,and investigate the fault of supervisors.The criminal responsibility of crime strengthens the supervision of civil aviation safety.The subject of supervisory negligence in flight safety accidents is the person who has the actual supervision responsibility for the civil aviation transportation safety,including the supervisory subject who is lax in supervising the front-line operators and the subject who is in the operation of the management safety system.The Duty of Care is consists of the duties of result prediction and avoidance,and takes objective theory as the ability of judging attention.In the Causality,although there are supervised or other factors involved,the ultimate judgment is the relationship between supervisory negligence and the actual damage consequences.In a flight safety accident,the supervisor shall bear the criminal responsibility for the crime of dereliction of duty of the state-owned company,enterprise or institution or dereliction of duty.In order to avoid unduly enlarging the scope of liability for supervisory negligence,we should limit the scope of liability through the principles of modesty in criminal law and principle of trust.
Keywords/Search Tags:Flight Safety Accidents, Supervision Negligence, Duty of Care, Criminal Responsibility
PDF Full Text Request
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