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On Serious Accident Crimes At The Construction Site And Legislation Perfection

Posted on:2003-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:B WangFull Text:PDF
GTID:2156360065960656Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Serious accident Crimes at the construction site belong to a new additive accusation affirmed by The 1997 criminal law of the country. This paper focuses on the detailed study of crime construction,juridical practice,penal responsibility and legislation perfection.In the elaboration of crime construction,the writer confirms the double objects involved,defines and exemplifies concepts,such as construction projects,national stipulations,acceptable quality level of projects,as well as serious accident. Harmful behaviours by the criminal unit are listed,where harmful results are defined as personal injury and death,or loss of property. Following the theory about dual criminal offences,the unit and related staff remembers are asserted to be the crime subjects. And on the basis of the model of crime and economic legislation resources,the argument for an indirect intention is refuted in the subjective elements of the crime,and "guilty fault" briefly analyzed.In the area of juridical practice,the writer distinguishes between criminal offence and innocence,the latter of which covers unintentional accidents,technological failure and those by outsiders. The subject of crime is there in assertion and distinction made between the crime and that of responsibility for serious accidents.Concerning penal responsibilities of the crime,the writer emphasizes the criteria of direct responsibility in complicated situations,penalty and time-barred issues in the judicial proceeding. For legislation perfection,the writer stresses that the accusation of the crime should be clarified as serious accident at the constructionsite,claims to have as the subjects of crime all the units in question,i.e. the exploratory,those in charge of construction and the those responsible for rash approval,supervision and quality control,and pecuniary punishment enforced .
Keywords/Search Tags:crime, crime by units, serious accident, construction projects, quality control
PDF Full Text Request
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