Supervisory Negligence Crime Research
|School||China University of Political Science|
|Keywords||Fault Supervisory Negligence Duty of care Causality Principle of Trust|
Traditional negligence theory, whether it is the fault of negligence or overconfident negligence, are built on the basis of the possibility of the understanding of the results of the specific hazards and evade, and the occurrence of such harm results from acts themselves behavior is a direct result. However, when the business owners to engage in high-risk industry, or government functions and regulatory authorities exist supervision. Fault, when the foreseeable harm results is abstract, harmful consequences are often caused by the behavior of the detained person. Familiar with our theory of negligence, at least in the form of the large differences in the judicial practice departments tend to believe that negligent supervision difficult to identify the fault in the criminal law sense. Supervision fault if the fault in the criminal law sense? Supervisory negligence whether it should be regulated by the criminal law? To punish and prevent crime, reduce major security, environmental accidents are of great significance. The negligence theory first proposed supervisory negligence Japan time around in the seventies of the last century. Later the deepening Japan, Germany, the United States and other countries 刑法理论界 oversight negligence theory theory accepted by the department of judicial practice. In this paper, after the introduction and assessment of traditional negligence theory inadequacies, discussed in detail the basic content and structure of supervision and negligence theory. Discusses supervision negligence basic structure mainly analyzes the Supervisory Negligence of duty of care on the supervision and fault patterns of behavior and subjective analysis. Supervision and negligent acts as, but more performance omissions. The fault is a fault of crime as a form of subjective terms, supervision, and in specific cases, may appear to be the fault of negligence, and also may appear to be too confident of negligence. Supervision negligence causality from the surface, with a certain degree of particularity, because it is the result of the harm caused through the behavior of the supervisee. However, from the substantive to examine, supervision negligence causal relationship still showed the behavior of people (supervisor) slack to evade obligations and obligations of result foreseen results. That is the harm results occur supposed negligence exists a causal relationship between the criminal law. Supervision fault, after all, is the the hazards result of intervention by the supervisor's behavior. Prudent judgment in the face of a specific case, the trade-offs of the range established by the Supervisory Negligence and reasonable reliance. The end of this article discusses the Supervisory Negligence Confirmation of Criminal and reflect the problems of judicial practice, a brief description of the major criminal and supervisory negligence that may exist in the Criminal Code, to be able to have some practical significance in order to post.