Objective Aspects Of Oversight Of Negligent Crimes

In recent years,China ’s security accidents have occurred frequently,such as the explosion accident in Tianjin Binhai New Area on August 12,2015,the overturning accident of Wuxi Viaduct in Jiangsu on October 10,2019,and the explosion on December 4,Hunan Liuyang Fireworks Company,etc.After the case,the relevant responsible personnel were arrested and sentenced,the relevant government officials were cancelled,and administrative sanctions.Although the accident will pass,the mechanism to prevent the recurrence of the tragedy has not been established.How to prevent such accidents from the legal system level The risks that occur,fundamentally controlling the huge risks contained in the industrialization era,are worthy of consideration by legal professionals.This article starts from the theory of supervision negligence,focuses on the objective aspects of supervision negligence crime,and combines judicial practice with a view to Implement the supervision fault theory into our judicial practice.The first part of the article is the main elaboration of the theory of supervisory negligence.The origin,connotation,characteristics and other contents of TD’s theory of supervisory negligence,starting from theory and practice,point out the significance of China’s research on the theory of supervision negligence on theory and practice,and clarify the theory of supervision negligence Intrinsically related to risk criminal law.The second part of the article studies the practice of supervising negligence.This article starts with analyzing the essence of negligent behavior is a violation of the duty of attention,analyzes the concept and characteristics of the supervisor’s duty of attention,and points out that the supervisor’s duty of care is different from the supervised person’s duty of care.The function of the occurrence of the requirements,otherwise it will not be possible to set up supervision of negligent crimes.In the concept of practice behavior,according to the "Xu fire case",the "real danger"required in the concept of practice behavior for negligent crimes in the judicial process is basically ignored,and the "unallowable behavior" in the administrative law is simply ignored."It is directly equivalent to the" implementation behavior "in the criminal law,and points out that the method of judging the implementation behavior from the result to the reverse is not conducive to preventing and eliminating the implementation behavior.The third part of the article analyzes the harmful results of the supervision of negligent crimes,starting from the content and type of the harmful results.The article believes that the contents of the supervision of the negligent crimes include two items,that is,the illegal activities produced by the supervision and the results of the constituent elements are realized.As a result,the elements and characteristics contained in this result were further analyzed;in terms of the types of hazard results,two results that could not be attributed to the responsibility of the supervisor were the results that the supervisor had fulfilled the necessary obligations and the results of the supervisor based on trust.The fourth part of the article studies the causal relationship of supervised negligent crime.The indirectness of causal relationship is the most obvious feature of supervised negligent crime.Although it is not directly declared in the theory of supervised negligence to abandon causality like risk criminal law,it is also to a certain extent.The upper level lowers the criteria for determining causality.This section takes real judicial cases as the analysis and research objects,draws the conclusion that the traditional causality judgment method "failure" in the supervision of negligent crimes,and proposes to adopt the "attribution and attribution" dichotomy,from the factual causality and the legal causality.Analyze the causality at a level,so that the judgment of causality is more scientific.