A Study On The Supervision Of Negligent Crimes

In the whole paper, the basic theory of supervising negligence is studied from the perspective of the second - class crime theory system,which is divided into four parts.The first part mainly analyzes the connotation of the supervision of negligence and its theoretical basis. Supervision of negligence refers to the business or job activities,dealing with the supervision and management status of the people, did not fulfill their own supervision and management obligations, and because of specific management oversight shortcomings, resulting in supervision of people as a result of negligent acts of serious harm to the results should bear the fault of responsibility. Its main features are that the scope of application is specific, the subject identity is peculiar, and the causal relationship is special. The theory of negligence theory, mainly related to the old negligence theory, the new negligence theory, the new comparison of failure theory, on the basis of a variety of theories, put forward the new negligence should be the theoretical basis for the supervision of negligence.The second part mainly starts from the objective illegal level of the second class,introduces the subject of supervising the fault, the behavior, the harm result, the causal relationship. Different from the general negligence of the main body, supervising the negligence of the main body has a dominant position, dealing with business or job in fact can be expressed as wrong command or abuse of power, etc., can also be expressed as a way of failure, such as failure to perform supervision duties. The result of the harm is of great significance to the determination of the fault of supervision, and the responsibility of the supervisor should be investigated only if it has caused serious harm. In addition, it involves the causal relationship between the supervisors’ negligence and the outcome of the eventual death by the supervisors.The third part of the content is in the second class of the subjective responsibility level of discussion, divided into subjective elements, subjective obstacles to the two major aspects of affairs. Its subjective elements related to cognitive, will and other factors. In the oversight of the factors, the negligence is to monitor the reader’s awareness of the lack of awareness or lack of awareness; in the case of too confident, the occurrence of negligence is often the supervisor of the consequences of harm is not specific, credible more serious harm The consequences will not occur, for the specific possible risk, it is clear that the general supervision of the fault, the supervisor’s will is to deny the harm occurred. For the duty of care, the supervisor is disturbed by the predictions of the results.Second, it involves the responsibility to stop. The subjective obstacle to supervise the negligent crime is to eliminate the liability of the relevant personnel. Therefore, the application of the principle of trust and so on should take full account of the applicable conditions, such as the degree of danger of the work, whether there is a clear division of labor, whether the manager’s ability is competent, etc.The fourth part mainly discusses the application of supervisory fault in our criminal law, focusing on the discussion of the crime of responsible accident, the crime of traffic accident, the theory of supervisory fault in the crime of malfeasance, and the concrete case analysis.