业务过失的刑法惩处不必重于普通过失

业务过失的刑法惩处重于普通过失是传统过失犯领域中的铁则,但业务范围的持续扩张使得业务过失与普通过失的边界不清,这造成了这一铁则在司法适用上的异议。更为关键的是,这一铁则的正当性在遭受批判后,为之辩解和反驳的观点始终给不出有说服力的理由。业务过失(犯罪)是我国刑法中的重要类型,但我国刑法未遵守这一铁则,立法者根据现代业务过失(犯罪)的特点作出了契合我国实际的规定,这使得它的法定刑轻重有度。因此,以这一铁则为标尺来评判我国刑法中的业务过失(犯罪)规定并不妥当。并且,业务过失的惩处重于普通过失不是我国业务过失犯罪刑事立法的发展方向。

Penalties for Vocational Negligence Need Note More Serious than Common Negligence

It is a rule in the field of negligent offense that the penalties for vocational negligence are more serious than ordinary negligence.However,the expansion of vocation’s scope makes the boundary between vocational negligence and common negligence unclear,which has caused a difficult problem in judicial application of this rule.More importantly,when the reasonableness of this rule has been challenged by criticism,the arguments of defense and refutation have never been persuasive.Vocational negligence is an important type in China,but the provisions of vocational negligence in our criminal law do not comply with this rule.According to the characteristics of modern vocational negligence,the legislators of our country have made regulations that conform to the reality of our country,which makes its statutory punishment more reasonable.Therefore,it is inappropriate to use this rule to measure the provisions of vocational negligence in our criminal law.For China's legislation,it will not be the way for the development that the penalties for vocational negligence are more serious than ordinary negligence.