关键词: 业务, 职务, 业务过失犯罪, 处罚, 罪刑均衡原则, 刑罚目的, 非刑罚处罚方法

Abstract:

“Vocation” and “duty” are two different concepts in China’s criminal law. Therefore, the crime of vocational negligence is different from the crime of the dereliction of duty. They should be distinguished in researches. There are 18 kinds of crimes of vocational negligence in the specific provisions of China’s criminal law. There exist problems in the punishment of crimes of vocational negligence in normative aspect, concept aspect and practical aspect. The first problem is the configuration of legal sentence; the second problem is that the purpose of the penalty stresses on punishment but ignores the prevention of crimes; the third is that the effect of punishment is far from satisfying. These problems, on one hand, are not conducive to the punishment of crime of vocational negligence; on the other hand, it does not help to prevent and reduce this kind of crimes. Therefore, it is necessary to implement the principle of suiting punishment to crime, coordinate of the purpose of penalty, focus on the ethical nature of penalty and pay attention to non-penalty punishment methods so as to prevent and reduce this kind of crimes.

Key words: vocation, duty, crime of vocational negligence, punishment, principle of suiting punishment to crime, purpose of penalty, non-penalty punishment methods