The Study On The Criminal Responsibility Of Supervisory Negligence

Catastrophic accidents are often caused by the negligent crime behavior of multi-bodies.So it is necessary to think about how to allocate criminal responsibility between these people.In the past,we often choose to only punish the employee at ground level and give up punishing supervisors at higher level,which leads to the appearance of substantial injustice.In order to solve this problem,the legislators of many countries begin to establish the criminal responsibility system of supervisory negligence on the basis of their overall criminal legal system.This article plans to comb the current situation from two dimensions: commonality and diachronic.Meanwhile,this acritical will make a systematic discussion on the connotation,establish conditions,exclusion conditions and so on.The first chapter is about the basic connotation of supervisory negligence.People who support the narrow sense advocates that supervisory negligence is different from management negligence.But people who support the broad sense tells that management negligence is just a form of supervisory negligence.In fact,supports the former point of view.Supervisory negligence is indirect in causal relationship.It must intervene in the middle item behavior between the supervisor's behavior and the harm result,and the middle item behavior can only be a negligent crime behavior,rather an intentional act or a no-fault act.Supervisory negligence is a type of business negligence,and this business activity must can be repeated and dangerous.Simultaneously,the supervisory negligence is a type of competing criminalnegligence.Between the supervisor and the supervised,there is no common results foreseen obligations and the result avoidance obligation.Therefore,it is the pluralistic person's negligence,rather negligence joint crime.The second chapter is about the criminal in internal and external law.In Japan,it regards the supervisory negligence as an independent type of negligent crime.In Germany,the legislators treat it as the company violates the supervision obligation through its own act of omission and ask the company to bear criminal responsibility for nonfeasance.In England,on the basis of recognizing that company own the criminal responsibility,the legislators adopts the form of legislation to stipulate that all corporates are can be charged with corporate manslaughter crimes in order to get rid of the inherent defects of Identification Principle.In the United States,the legislators focused their eye's on criminal responsibility for legal persons who cause catastrophic accidents,but in the early days they gave up the investigation of natural persons.After the Ford Motor Vehicles case,the judiciary has begun to pay more attention to supervision of natural persons.In China,the Criminal Law of 1979 includes Article 114 and Article 187 concerning the supervisory negligence.In the Criminal Law sub-rule of 1997,the legislators stripped numerous criminal offenses from the crime of Major Accident Liability and Dereliction of duty,which expanded the original two-point supervisory negligence clause to three-dimensionality system.In addition,legislators continue to increase the crimes involving supervisory negligence in the form of amendments to the Criminal Law.Comparing the internal and external law,we can find that we must pay more attention to the some issues in the process of supervisory negligence in our country.The third chapter is about the introduction of conditions for supervisory negligence.Supervisory negligence is a special form of status crimes.From the macroscopic point of view,if the subject can meet the following three conditions,it can initially conclude that the actors has supervisory status.At first,the subject must be in the dangerous business relationship that can be repeated.Secondly,the subject must have command and supervision authority.Thirdly,the subject must have the condition and ability to fulfill its supervision obligations.Acting of negligent crimescan be specific and can be divided into the form of act and omission.At the same time,supervisory negligence as a special form of negligence must satisfy the general principle of negligence.The causality of supervisory negligence is complicated,indirect,and multi-level.In the specific investigation,it must follow the second-order judgment method of factual causation and legal causation.And we should examine whether there is abnormal intervention in the case from the aspects of illegality,hindsight,independence,non-naturalness,etc.The fourth chapter is mainly about the trust principle.The trust principle and supervisory negligence are products of the social division of labor and cooperation system.And the trust principle can be applied to supervisory negligence.Of course,when we use the trust principle to limit the scope of supervisory negligence,it must comply with the following conditions.First of all,there is a substantive division of labor between the supervisor and the supervised person.In the second place,the supervisor must have complied the requirements of the relevant regulatory documents.Thirdly,the supervisor has a substantial trust relationship with the supervised person.Finally,Supervisor's trust in the supervised person must be worthiness.When the following conditions occur,the application of supervisory negligence should be ruled out,such as the intervening act is intentional or no-fault and the supervisor does' t have a substantive supervisory relationship with the supervised person.