Discussing The Difference Between The Negligence Of Public And Non-official Supervision In Our Country

Supervision negligence theory first proposed by Japanese criminal law scholars,aims to solve the complicated problem of attribution of criminal responsibility in all kinds of frequent and disastrous accidents in modern society,and to try to clarify the responsibility and how to investigate the management supervisor who has the responsibility of leading and supervision behind the direct actor.Since the behavior of the employee involves in the relationship between the behavior of the subject of responsibility and the final harmful consequences,the causal relationship of supervision negligence responsibility and the duty of care of the subject of responsibility are different from the general negligence responsibility.But in our country,because the responsibility subject is different,the supervision negligence also can have the difference in the theory and the law stipulation and the judicial practice.This paper expounds the differences of supervision negligence in theory,criminal law and judicial practice when the subject of responsibility differentiates between civil servants and non-public servants.In addition to the introduction,this paper is divided into four parts: the first part summarizes the background of the theory of supervision negligence,and introduces the definition and classification of supervision negligence in Japan,Germany and our country.Firstly,it makes clear that the supervision negligence discussed in this paper adopts the narrow concept,but the behavior of the supervisee involved in this situation is not limited to the negligence.Secondly,on the basis of introducing the types of supervision negligence,this paper divides the supervision negligence into official duty supervision negligence and non-official duty supervision negligence based on the difference of the subject of responsibility.And here the official duty supervision negligence only refers to the form that public servants commit negligence crimes when they perform supervision functions on behalf of the state.The third part elaborates the differences between of non-official supervision negligence and official supervision negligence in the current provisions and practice of criminal law in China.First of all,most scholars believe that China's criminal law stipulates negligent crime of nonofficial supervision in the chapter of crimes against public security,while negligent crime of official supervision in the crime of dereliction of duty.Secondly,in the judicial practice of our country,the supervisor who is negligent in non-official supervision is generally found guilty of the same crime as the supervisee,while the supervisor and the supervisee in the negligent crime of official supervision are respectively convicted of independent crime.The negligent supervisors of public supervision are mostly charged with dereliction of duty,while the negligent supervisors of non-public supervision are mostly charged with endangering public security.The fourth part is the criminal law regulation of two kinds of supervision negligence.First,it summarizes the viewpoints of scholars on the above problems in judicial practice in China,and puts forward the author's views.The author thinks that the supervisors of official supervision negligence fault should not be limited to the malfeasance crime,it can also established the ordinary negligence or business negligence crime as the same as the supervisee,and the non-official supervision formed by supervisors of negligent crime should not be confined to endangering public security crime,it can also set up a common criminal negligence.