Research On The Establishment Of Supervisory Negligence Crime

After the district court decision for "Morinaga powdered milk poisoning case" in Tokushima, Japan, in 1973, the Japanese scholars proposed theory of negligence of the monitoring, and aim to dissolve criminal responsibility of the perpetrators of the major public nuisance crimes with supervisory responsibilities. Since then, supervision was gradually into the criminal negligence theory perspective. In theory generally from a narrow negligence and negligence management, the negligence of supervision was discussed, negligent supervision narrowly refers to the supervised (direct actors) of the negligent acts or other non-criminal acts of supervisors have supervisory duties that they should foresee the occurrence of harmful results, but due to negligence so that they did not foresee, or have foreseen the likelihood of harmful results, but credulity to avoid, which failed to take measures leading to the results to a subjective state of mind. Management negligence refers to the situation that the case responsibility should be loaded due to the harm caused by the negligence of the equipment of various objects, institutions, security system and so on.The first part Introduced how the theory of negligent supervision generated in Japan, he status of the current study of this theory in Civil Law and Common Law, and negligence on the monitor was re-defined based on the comprehension of the various academic views, based on the concept of negligence on the monitor was re-defined. In addition, super-new theory of negligence is the theory basis by the introduction of the old negligence of the new negligence theory, super-new theory of negligence.The part two discussed the Subject of crime, the subjective element and the objective elements of supervision negligence, the subjective element, and objective elements on the view of crime and a complete standard was provided accurately for elements of supervision negligence. The identification of the main body of supervision negligence crime based on the relation of supervision, full criminal capacity, laws and regulations. In the subjective element of supervision negligence crime, the perpetrators did not hope the harm result in the will but the will be divided into negligent supervision and negligent supervision of over-confidence. The former refers that the perpetrator has a foreseeable obligations and has the ability to ?foresee, but did not foresee the dangers of the situation due to negligence; the latter refers that the perpetrator had foreseen harmful behavior, but ultimately lead to harmful results due to the gullible to avoid, In the objective elements of supervision negligence crime, the four characteristics of negligent acts were outlined and it is point that the indirection between acts of the supervision negligence and the acts of supervision negligence crime generally are weaker than the risk of criminal negligence.The third part outlined 17 kinds crimes that became the typical crime name in the Criminal Code with the criminal law in our country, from the operational supervision of negligence and public management, analyze the difference between the responsibility of the negligence supervision and leadership and the obligations and duties, of supervision and described the essence of supervisors who assume responsibility for the Determination of negligence.The last part pointed that some criminal law criminal system should be established in a reasonable system of supervision negligence not to be written in the Penal Code. In this paper, the standards of supervision negligence conviction was proposed on comparative studies, case study, theory with practice approach to case and foreign research results of negligent supervision theory.