论渎职犯罪中监督过失的认定-刑法学专业论文.docxVIP

THE THE CoGNIZANCE OF NEGLIGENCE IN SUPERVISION OF THE CRIME OF DERELICTION OF DUTY ABSTRACT In recent years，along wim the society to the production safety accidents has been paid more and more attention，the personnel of organs of state regulatory functions whether to perform in place into previous production safety accidents occurred after the first of society。Although the theory research for the personnel of state organs negligent supervision duties which serious consequences of this situation。That is，the theory of supervisory negligence。But the theory of supervisory negligence is also just stay at the theoretical stage，did not put into practice，no more applied to specific in，and for many theoretical problems are also controversial。 Therefore，the author of the crime of dereliction of duty of Supervision Negligence and identify research．，has benefit by the time to the development ofthe theory。 This paper is divided into three chapters to be discussed，the first chapter is the summary of supervision of criminal negligence，is mainly to supervise negligence theory,the development concept of supervisory negligence，negligence theory development and the characteristics of fault theory support,and expounds the analysis thought of negligence in supervision dereliction of duty．The second chapter is the theory of supervisory negligence is the judgment of causation,causal relationship although in four elements theory is not considered elements，but in fact it negligence crime，the judgment of causation is particularly important,and the supervision of criminal negligence has the characteristics of causal relationship is very complex,need to carefully screen．The third chapter is the focus of this paper,supervision of criminal negligence of duty of care includes the duty to judge，foreseeable obligations and avoid duty,duty of is the premise of judging the attention ability in judgment,only the right to judge whether the actor has the ability to pay attention and to