Study On The Duty Of Care For Supervisory Negligence

The concept of duty of care for supervisory negligence is composed of subjective and objective aspects.On one hand,supervisors should not only recognize that their negligence will increase the risk of illegal actions taken by subordinates,but also the failure to establish and improve the security management system will lead to harmful results.On the other hand,supervisors should take active measures to supervise the subordinates,establish and improve the security management system in order to avoid the harmful consequences by themselves or commanding others.The duty of care for supervisory negligence is consist of the duty of foreseeing the result and the duty of resultant avoidance.The contents of the duty of foreseeing the result for supervisory negligence include: the duty of forecasting,the duty of inspecting,the duty of observing,the duty of making decisions,the duty of deciding to obey the regulations,the duty of prudence and the duty of forming intention of resultant avoidance.The contents of the duty of resultant avoidance for supervisory negligence include: The duty of prevention beforehand,the duty of urgency in the event and the duty of salvation afterwards.There are three criteria to judge the supervisor’s duty of care,Firstly,the compromise theory should be applied to judge attention ability of the supervisor.First of all,the general duty of care should be inferred according to the attention ability of general person,and then,the supervisor’s duty of care should be judged comprehensively according to the attention ability of supervisor at that time.Secondly,industry norms are the instrumental factors for judging the duty of care.Thirdly,the application of the principle of trust should be limited in supervisory negligence,because the principle of trust will connive enterprises to cut corners,increase the risk of public infringement,and increase the risk of dangerous communities.