| With the development of science and technology, human beings are enjoying theconvenience brought by the material and spiritual civilization, while a variety ofdisasters and accidents are threatening people’s lives and property all the time.Modern production or operating activities are usually completed by more than oneorganization that often have a hierarchical relationship between the variouspractitioners. Many disasters and accidents were likely caused by employees, but thereal reason is the supervisor’s errors or mismanagement. Thus, it is necessary topromote the criminal regulations on the Supervisory negligence. However, thecriminal law is not so satisfactory. This thesis will talk about the lack of the existingcriminal law and puts forward some suggestions.In addition to the introduction and conclusion, the body is divided into threechapters. The specific content of each chapter are as follows:In chapterâ… , the essay introduces the concept and features of the supervisorynegligence crime. Firstly, it clears the broad concept of the Supervisory negligencecrime, that can be divided into a narrow supervision negligence and managementnegligence. And then it through studying the development path of traditionalnegligence theory, concluding that the Supervisory negligence theory came from thenew negligence theory and the risk society. To balance risk control and socialdevelopment, it is necessary to introduce the trust principle to the Supervisorynegligence theory. In chapter â…¡, the essay tries to build theoretical framework of the Supervisorynegligence theory. The Supervisory negligence theory contains the content of theresults worthless and the acts worthless. It is not difficult to identify the harm results,but the fault of the implementation of behavior. The author puts forward some newviewpoints by studying the three aspects on the duty of care, the implementation ofthe theoretical behavior and the causal relationship in order to promote the practice ofthe Supervisory negligence theory.In chapterâ…¢,the essay elaborates the regulations and practice of the Supervisorynegligence theory. There is not legible concept of the Supervisory negligence incriminal law, but in judicial practice. This part mainly introduces some relevantprovisions and typical cases of liability accident crime, traffic accident crime anddereliction crime, at the same time, discusses the specific application of theSupervisory negligence theory and puts forward some legislative suggestions. |
