On The Limited Application Of Supervisory Negligence

There are many problems in the application of the theory of negligent supervision,which lead to many disputes on the judgment of negligent supervision crime in judicial practice.The unclear definition of the practice of supervision negligence and the complexity of causality result in the trend of expanding the application of supervision negligence in judicial practice,improperly expanding the scope of liability,and even leading to infinite upward liability.This not only violates the principle of legality and responsibility,but also hinders social development.Therefore,this paper limits the application of supervisory negligence from four ways.The first chapter analyzes the problems and harm of application supervision negligence in judicial practice.Through the analysis of relevant judgment documents,it is found that supervisory negligence is used in the sense of criminality in judicial practice,most of which is used to convict the perpetrator.Therefore,there is an expanding tendency in the application of supervisory negligence.The second chapter is a strict definition of the practice of supervision negligence,in order to limit the application of supervision negligence.The application of supervisory negligence is limited by defining the subject of the act and whether there is substantial supervisory relationship between the subject.As for the definition of the act of performing an omission,as long as the doer violates the provisions,fails to perform the supervision obligation and causes the danger that may produce harmful results,it should be identified as the act of performing an omission form.As for the risk of performing an act,it is judged by "impermissible risk".The third chapter comprehensively determines the subjective aspects of supervisory negligence.The duty of care includes both the obligation of result anticipation and the obligation of result avoidance.For the obligation of result anticipation,it is necessary to mitigate the negligence in supervision,and it is necessary to foresee the possibility that one’s negligent behavior will cause the behavior prohibited by the supervisor to implement the norm.The judgment of attention ability of supervisors is based on human judgment standard of industry.The fourth chapter discusses the new thinking of attribution of supervisory fault-imputation.It adopts the idea of attributing cause before attributing blame,and applies the condition theory to the judgment of causality.For the theory of attributing responsibility combined with objective attribution,three levels should be satisfied: first,whether the behavior and result have the relationship of causing and being caused.The second is whether the behavior creates the danger that the law does not allow.Third,whether the danger belongs to the scope of the protection purpose of the norm.In addition,the influence of the behavior nature of the supervised on causality is analyzed.The fifth chapter Narrows the striking surface through the application of trust principle.There is room for the application of the principle of trust in supervision negligence,and the scope of application of supervision negligence can be reduced effectively by exempting the supervisor from the obligation of foreseeing.But the application of trust principle needs to meet certain conditions.