Dissertation > Excellent graduate degree dissertation topics show

Supervisory Negligence Crime Research

Author: LiQingYu
Tutor: LiuLiNa
School: China University of Political Science
Course: Criminal Law
Keywords: Fault Supervisory Negligence Duty of care Causality Principle of Trust
CLC: D914
Type: Master's thesis
Year: 2007
Downloads: 278
Quote: 9
Read: Download Dissertation


Traditional negligence theory, whether it is the fault of negligence or overconfident negligence, are built on the basis of the possibility of the understanding of the results of the specific hazards and evade, and the occurrence of such harm results from acts themselves behavior is a direct result. However, when the business owners to engage in high-risk industry, or government functions and regulatory authorities exist supervision. Fault, when the foreseeable harm results is abstract, harmful consequences are often caused by the behavior of the detained person. Familiar with our theory of negligence, at least in the form of the large differences in the judicial practice departments tend to believe that negligent supervision difficult to identify the fault in the criminal law sense. Supervision fault if the fault in the criminal law sense? Supervisory negligence whether it should be regulated by the criminal law? To punish and prevent crime, reduce major security, environmental accidents are of great significance. The negligence theory first proposed supervisory negligence Japan time around in the seventies of the last century. Later the deepening Japan, Germany, the United States and other countries 刑法理论界 oversight negligence theory theory accepted by the department of judicial practice. In this paper, after the introduction and assessment of traditional negligence theory inadequacies, discussed in detail the basic content and structure of supervision and negligence theory. Discusses supervision negligence basic structure mainly analyzes the Supervisory Negligence of duty of care on the supervision and fault patterns of behavior and subjective analysis. Supervision and negligent acts as, but more performance omissions. The fault is a fault of crime as a form of subjective terms, supervision, and in specific cases, may appear to be the fault of negligence, and also may appear to be too confident of negligence. Supervision negligence causality from the surface, with a certain degree of particularity, because it is the result of the harm caused through the behavior of the supervisee. However, from the substantive to examine, supervision negligence causal relationship still showed the behavior of people (supervisor) slack to evade obligations and obligations of result foreseen results. That is the harm results occur supposed negligence exists a causal relationship between the criminal law. Supervision fault, after all, is the the hazards result of intervention by the supervisor's behavior. Prudent judgment in the face of a specific case, the trade-offs of the range established by the Supervisory Negligence and reasonable reliance. The end of this article discusses the Supervisory Negligence Confirmation of Criminal and reflect the problems of judicial practice, a brief description of the major criminal and supervisory negligence that may exist in the Criminal Code, to be able to have some practical significance in order to post.

Related Dissertations

  1. Design and Development of Application Programme for Fault Analyzer Based on Wince Platform,TP311.52
  2. Research on the 6-Dof Fault Tolerant Control of the Vibration Isolation Platform with Eight Actuators,TB535.1
  3. Design and Fault Diagnosis of the Coarse Pointing Control System in Satellite Laser Communication,V443.1
  4. Polarized-Light/Geomagnetism/GPS/SINS Integrated Navigation Algorithm,V249.328
  5. The Research of the Fault Diagnoses Algorithm for the Liquid Rocket Engine Testing Bed Based on PCA-SVM,V433.9
  6. Research on Fault Detection and Network Reconfiguration Algorithms for Distribution Network,TM727
  7. Research of Fault Injection for a Distributed System,TP338.8
  8. The Research of Fault-Tolerant Techniques for Parallel/Distributed Network Simulator PDNS,TP302.8
  9. The Research and Implementation of Software Oriented Fault Injection Tool,TP311.52
  10. Research on Checkpointing in Mobile Computing Environment and Modeling with Petri Nets,TP301.1
  11. Fault Diagnosis Method Based on Support Vector Machine,TP18
  12. Fault Diagnosis Research on Three-Tank System,TP277
  13. Research on the Key Technology of Waterborne Transport Security System,U698
  14. Research on Intellectualized Diagnostic Device Applied to Distribution Lines,TM755
  15. Research on the Technology of Fault Detection under the Mobile Computing Environment,TP338.8
  16. The Identification of Fault Type in Transmission Lines Based on Neural Network,TP183
  17. Research on the Electromagnet Lock of Earth Fault Protection for 10kV Switchgear,TM591
  18. Huimin Sag Xiakou fault and fault sealing mechanism near the block,P618.13
  19. Fault combinations on water inrush and Its Prevention Research,TD745
  20. The Study on the Nonfeasance Dereliction of Duty,D924.393
  21. BOT financing risk assessment method based on fault tree study,F283

CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
© 2012 www.DissertationTopic.Net  Mobile