Studies On The Crime Of Major Accident Against Engineering Security

The crime of major accident against engineering security has been added intocurrent Chinese Criminal Law, which is meaningful for the guaranty of projectquality and the public security. However, it is still necessary for a further theoreticalresearch on this crime because not only requires in constitution of this crime are toogeneral, but also the differences between this crime and the other similar crimes areambiguous. For the above-mentioned reasons, the court often falls into anembarrassed situation dealing with the prosecution of such a crime. Based onjudicial practice and criminal law theories, the writer, a judge dealing with criminalcases for many years, focuses on the discussion of requires in constitution of crime ofmajor accident against engineering security and the determination of this crime withanalysis of some typical criminal cases. The thesis is composed of four parts. Part one expounds the legislation processof this crime and the necessity of its completeness. Based on a large number ofcases and datum, also through the elaboration of legislation process, the writerindicates the practical significance of the supplement of crime of major accidentagainst engineering security to Chinese Criminal Law. Furthermore, the writerpoints out some problems arising from the legislation on this crime, such as thesubject of crime, conformation of crime and etc. The writer also suggests that the 1exploration organization be listed as the crime subject, the offence againstengineering security be added into the criminal law, and the punishment be bothpenalty on liable persons and fine on the organization. At last, the writer putsforward her suggestion on the modification of Article 137. Part two elaborates the constitution of crime of major accident againstengineering security. First, it discusses the characteristics of criminal object that ispublic security and analyzes the criminal target as well. Second, it makes a researchon condition of crime, requisites of crime as well as causality of crime. Third, itanalyzes the characteristics of criminal subject and subjective characteristics of thecrime. In view of writer, the negligence is the only subjective requisite for thiscrime. Part three expounds the boundary not only between the guilty and thenon-guilty, but also between crime of major accident against engineering security andother similar crimes. The reason for making such a comparison is how to determinethis crime is an essential question in practice. The writer differentiates this crimefrom the common project accident, technical accident and natural accident. With thedetailed case analysis, this part also clarifies the demarcation line which separates thiscrime from other crimes with similarities, such as crime of major responsibilityaccident, crime of major accident against labor security and malpractice etc. Thethesis reveals unique characteristics of crime of major accident against engineeringsecurity in different ways. Part four makes a systematic analysis of judicial discretion and punishment ofthis crime. This part discusses difficulties in determination of the crime and thediscretion of punishment. It focuses on questions of how to determine the capacityof the organization, the responsibility of the accused and the application of revised orformer criminal law. The writer advocates that any prosecuted organization withoutlegal qualification should be condemned guilty for major accident against projectsecurity, while the imposition of criminal penalty on natural persons should be basedon different situations. As to law application in such a special situation as the 2project was completed before the issue of revised criminal law, but the accidenthappened after that, the writer holds that the right time when criminal action wascom...