Research On The Responsibility For Supervision Negligence Of Production Safety Accidents In China

Since 1979,China’s criminal law has begun to appear crimes against production safety accidents,and since then,the number of crimes and criminal liability have been continuously supplemented and improved.However,as of now,China’s criminal law theoretical and practical circles have not yet formed a unified consensus on the connotation and extension of production safety accident crimes,the current criminal law according to the type of accident,the field of occurrence of the list of crimes in the legislative system led to a certain degree of cross-cutting and competition between the charges,the judicial organs lack of unified standards when determining such crimes,often based on the severity of the consequences of the accident to determine the scope of responsibility,resulting in the accident behind the main responsibility of the supervisors and managers are not effectively investigated.The main reason is that the theoretical research of negligence in China is still deeply influenced by the traditional negligence theory centered on the "possibility of predicting the outcome",and the theoretical circles have not yet formed a unified consensus on how to apply the new negligence theory to determine the crime of negligence,which has caused the lack of systematic thinking on the crime of production safety accidents in China’s legislation,the failure to distinguish it from the general negligence crime,nor the emphasis on the negligence responsibility of supervisors and managers,the standards for the investigation of supervision and negligence responsibility are not uniform,and the judgment of administrative violation instead of the result avoidance obligation violation is replaced There is a consequential tendency to hold supervisory negligence accountable.To solve the problem of ineffective investigation of responsibility for the supervision of criminal negligence in production safety accidents in China,the legal theology level should be based on the new negligence theory with "the obligation to avoid results" as the core when studying the theory of supervision negligence,focusing on whether the supervisor and manager effectively performed the supervision and management duties in objective behavior,so as to blame the serious consequences of the production safety accident of the enterprise to the supervisor and manager of the production and operation of the enterprise.At the legislative level,it is necessary to accurately define the scope of supervisors of production safety accident crimes,make a reasonable distinction from general negligence crimes,and strengthen the systematization of production safety accident crime legislation.At the judicial level,the method of class judgment from objective to subjective should be used,focusing on examining whether the supervisors and managers in the objective stage have effectively performed their supervision and management duties,judging the causal relationship between the supervisory negligence and the result by judging the logical level of factual evaluation to legal evaluation,and then judging that the supervisor and the supervised person have a "substantial relationship of trust",using the principle of trust to reversely exclude the supervision negligence responsibility of some supervisors,and achieving the purpose of accurately determining the supervision negligence responsibility in the crime of production safety accidents from both positive and negative aspects.