Research On Judicial Application Of Supervisory Negligence

The industrial revolution’s advent,coupled with the swift advancement of economic standing and science and technology,has brought about seismic transformations in people’s lives.But with it,there are endless industrial and mining accidents,medical accidents,large-scale fires,traffic accidents,and production accidents.Frequent occurrences of these mishaps have had a grave impact on the security of public life and possessions.Although the cause of these accidents directly stems from the negligence of the direct actors,for today’s bureaucratic management system,a decision is often made,which is closely related to the supervision obligors who are responsible for supervision and management.But the original law only punished supervisors,and did not give criminal punishment to those who were responsible for supervision and management,which often led to the situation that the head was innocent and the hands and feet were guilty.In order to solve this unreasonable phenomenon,the theory of supervisory negligence came into being.The focus and difficulty of utilizing the theory of supervisory negligence in judicial practice has been a long-standing one.This paper endeavors to unravel the theory of supervisory negligence and its deficiencies revealed in the practice,proposing analogous issues and proposals for enhancement,so as to more effectively utilize it in judicial practice.the This article is divided into four parts.The first part first discusses the nature of supervisory negligence and the legitimate basis of liability attribution.Based on the analysis of the concept of supervisory negligence,this paper summarizes its unique characteristics and essential connotation,which are different from ordinary negligence,and analyzes the legitimate basis for the attribution of supervisory negligence in the context of the times.The second part summarizes the application of supervisory negligence in judicial practice,mainly analyzing and summarizing the current application of supervisory negligence in the fields of fire,traffic accidents,and malfeasance,pointing out the characteristics of supervisory negligence in judicial practice,such as the applicable criminalization conditions,the widespread distribution of applicable charges,the specialization of applicable subjects,and the simplification of applicable penalties.The third part analyzes the difficulties existing in the application of the supervisory negligence theory based on the current situation of judicial application.The difficulties of the applicable subject include unclear scope of the applicable subject,unclear attribution subject,and improper scope of the convicted subject.The dilemma of determining the conduct of supervisory negligence,such as the unclear thinking of determining the conduct and the difficulty of not accurately grasping the essence of the conduct.The dilemma of applying penalty includes the low range of statutory penalty and the single type of penalty.The fourth part is mainly based on the main body of supervision negligence in the judicial practice process,the dilemma of identifying the implementation behavior,and the dilemma of penalty application,and puts forward targeted suggestions to better solve the problems in the practical process.For example,on the subject application dilemma issue,it is proposed to clarify the scope of the subject of supervisory negligence,summarize and unify the subject of liability attribution,and clarify the principle of subject retroactive measures.Release relevant guidance cases and clarify the model for determining the composition of the implementation behavior to accurately determine the implementation behavior.In response to the dilemma of penalty application,propose provisions to increase the legal penalty range for supervisory negligence and apply fine penalties,and advocate the establishment of prohibitions and other penalties to address the difficulties of supervisory negligence in judicial practice.