The research on unit negligence in China's unit crime is relatively weak,and there are many controversies about this type of crime.In the special situation of"entity-individual",it is necessary to rely on the performance of objective obligations for presumption,but this does not mean that the subjective part should be abandoned in the attribution of unit crimes,and there is still a need to distinguish between intentional and negligent in unit crimes.There are three kinds of causality in unit negligence crimes,among which the essential causality should adopt the objective attribution theory to distinguish the different stages of attribution and Zurechnung;the causality of harm,as a conditional causality,should be judged using the condition theory;based on the essence of risk management through unit supervision and management,reaching a causality should adopt risk actualization theory.When judging whether the duty of care has been violated,it should be based on the new theory of negligence,with the avoidance of consequences as the core,taking into account the obligation of foreseeing consequences,and achieving the unity of subjective and objective attribution of responsibility.Given the dual role of pre legal obligations in determining criminal illegality and pre legal illegality in unit crimes,it is necessary to strengthen the connection between obligations and improve the transition path.
unit crimesupervisory negligencethe theory of causalitythe duty of care
NETL
NSTL
万方数据
