On the Punishment of Crimes of Vocational Negligence

After discussing three ideas about the punishment of crimes of vocational negligence now existing in the jurisprudence and legislations, the author puts forward a new theory about the punishment of crimes of vocational negligence. In his opinion, the idea that crimes of vocational negligence should be punished less severely than crimes of ordinary negligence is undesirable, nor is the idea that the special provisions about the crimes of vocational negligence and their punishment should be replaced by the provisions about crimes of gross negligence and their punishment. On the whole, the idea that crimes of vocational negligence should be severely punished is right, but it is too absolute. The author thinks the following rules should be considered about the punishment of crimes of vocational negligence : first, in common circumstances, crimes of vocational negligence should be punished more severely than crimes of ordinary negligence; second, when some crimes of ordinary negligence are presented as the doers violating the prohibitive regulations openly and their extent of harm is not less than that of the correspondent crimes of vocational negligence, crimes of vocational negligence should be given the same or less punishment as those crimes of ordinary negligence.