Research On Supervision Negligence Liability In Water Traffic Crime

With the rapid development of China’s economy,the water transport industry has been gradually paid attention to.Shipping transportation has become the first choice in the transportation industry because of its advantages of large volume and low price.However,the water traffic accidents brought the losses have to make people begin to pay attention to water traffic safety.The proportion of human factors in the cause of water traffic accidents is also increasing based on the complexity of ship operation and the increasingly refined division of labor in today’s society.The crew usually acts by the order of the shipowner,operator and other subjects with supervision and management obligation because they are under the employment relationship.They and their illegal behavior is not the only factor in the accident.In quite a number of cases,shipowners and other subjects of supervision and management will violate their obligations of supervision and management,which all lay hidden dangers for the occurrence of water traffic accidents.In addition,the traditional criminal law pays more attention to the punishment of the result,which makes it difficult to play its safeguard role and risk prevention function when the risk has not developed into the harmful consequence.At the same time,there is also insufficient even be held accountable,such as because of the differences in the standards of the courts in practice,there are differences in the scope of the subject,the identification of the supervisor’s implementation behavior,etc.As a result,the difference that is shipowners and other supervisors with supervisory negligence in the water transportation industry are mostly investigated for civil liability investigated criminal responsibility is handled rarely.This makes the deterrent effect of criminal law hard to play.lt is also not conducive to fair accountability and maintaining order on the water.The theory of supervisory negligence originates from the risk society in Japan based on the demand of investigating the supervisor’s responsibility.lt can improve the inadequacy of the current criminal responsibility investigation,give better play to the deterrent power of the criminal law,and reduce the differential treatment by introducing the supervision negligence theory.This is also the purpose of this article.In addition to the introduction and conclusion,the paper is divided into five parts:The first part is the summary of supervision negligence in water traffic crime,The water traffic crime is defined theoretically and generalize its particularity.Then links the water traffic crime and the supervisory negligence,define the scope of my writing.The second part is the legitimacy of the supervisor’s responsibility in the water traffic crime.This part mainly writes the existing problems,the necessity and the current existing experience to solve these problems.about supervisor responsibility to investigate in our country water traffic crime.The third and forth part are the identification of supervision negligence in the water traffic crime from multiple perspectives and through the principle of trust this responsibility to prevent the cause of limitation,clearly supervise the fault liability investigation,limit the responsibility of supervision fault through the principle of trust.Guarantee fairness and justice when investigating responsibility.The last part is the introduction of the theory of supervision negligence and some suggestions on the problems existing in the investigation of the supervisor’s responsibility in the water traffic crime.In a risk society,the role of criminal law should not be limited to punishing crimes with the result of harmful results,but also paying attention to the prevention and control of risks.It is a new perspective to study the liability of supervisory negligence in the field of water transportation.This paper argues that the shipowner,operator and other supervisory subjects who have negligence in supervision and management should be investigated for their criminal liability when a maritime traffic accident occurs and causes serious consequences rather than complete civil compensation or administrative punishment.In combination with the current situation of legislation,clarify the scope of water traffic crimes,and introducing the theory of supervision negligence into the current criminal law system by introducing judicial interpretation,so as to make up for the lack of theoretical support for the traditional criminal law theory to deal with risks.Finally,we should improve the standard of practice in the supervision of negligence under the guidance of the theory,reduce the phenomenon of differential case handling and achieve a fair and just accountability.