The Study On The Criminal Responsibility Of Negligence In Supervision In Mine Accidents

Recent years, with the rapid development of Internet media, a number of mine accidents come to light frequently by news media, the death toll and economic losses shock us. Mine safety in production has been the focus of a social problem, frequent mine accidents have not only natural causes and social causes, but also legal reasons, I believe that the lack of supervisors'supervision is an important reason. Ascertaining where the responsibility lies on supervisors'negligence in supervision has a strong practical significance for the fight against dereliction of duty crime behind the mine accidents, for the restraint of the frequent mine accidents and the protection of the miners'lives .It is a major issue on criminal justice studies that how to investigate for criminal negligent supervision responsibility of relevant supervisors.Beside the introduction and conclusion, this article is divided into five parts.Part I: A survey of mine accidents and legal accountability in recent years. First, I describe the profile of mining accidents in recent years in China, count the number of coal mine accidents and non-coal mine accidents and deaths that occurred in China'mine, a larger number and the number of deaths, according to these statistics, I think the feature of the mine accidents are as follows: the frequent occurrence of major accidents , corrupt behavior behind mine accidents. Meanwhile, the mine accidents seriously infringe upon the miners'life safety, damage the state and collective economic interests and threatened social stability. Finally, after analyzing the results of several mine accidents in recent years, I think the situation that replace criminal responsibility by administrative responsibility existed in the process of investigating for criminal negligent supervision responsibility of relevant supervisors in our country.Part II: The basic theory of negligence in supervision. First of all, describe the relationship between mine accidents and negligence in supervision, negligence in supervision of the supervisors is an important cause of mine accidents and a subjective fault of supervisors'malpractice crime. Then discuss the emergence and development of the concepts and theories of negligence in supervision, there are two points of view about negligence in supervision including the narrow theory and the broad theory of negligence in supervision, the broad theory of negligence in supervision includes the narrow theory of negligence in supervision and negligence in management, I consider that negligence in management is different from negligence in supervision, the narrow nature of negligence in supervision is more in line with the meaning, so I hold the narrow theory of negligence in supervision that negligence in supervision means the subjective mental attitude that supervisors have supervisory duties, but he did not perform or not perform properly, resulting in supervised members do misfeasance to cause the harmful consequences. Then, analyze the construction of negligence in supervision, consider that negligence in supervision includes two aspects: the duty and the capability of care, the duty of care includes the duty of result-predicted and the duty of result-avoided, the duty of result-avoided is the core of the duty of care, the duty of result-predicted is the premise of the duty of care. I think we should be taken to the unity of objective and subjective criteria on the ability of care of negligence in supervision, but should be based on objective criteria.Part III: The basis for criminal responsibility of negligence in supervision in mine accidents. First of all, discuss the legal basis for criminal responsibility of negligence in supervision in mine accidents, analyze the criminal responsibility of negligence in supervision in mine accidents from the "Mine Safety Law," "Production Safety Law," "Criminal Law" and other laws or regulations, consider that the crime of serious accidents and major labor Accident Caused by Negligence does not apply to negligence in supervision. Then, discuss the theoretical basis for criminal responsibility of negligence in supervision in mine accidents : the new theory·new fault, through the discussion of the fault of the old and new fault theory and the new theory·new fault , according to the new theory·new fault, the mine supervisor have the insecurity to the occurrence of mine accidents, but neglect to fulfill their supervisory duties, leading to the occurrence of mine accidents, they should be held criminal responsibility of negligence in supervision.Part IV: The legal analysis of criminal responsibility of negligence in supervision in mine accidents. First of all, analyze from the subject, in the common sense, the subject of the responsibility of negligence in supervision in mine accidents is considered to be the staff of governments who manage the supervision of the mine safety production, such as all levels of national government, all levels in charge of mine enterprises departments in the people's governments and so on, while give four methods to identify the subjects of the responsibility: 1. whether the supervisors have supervisory duties and oversight authority; 2. the principle "Who is in charge, who is responsible for "; 3. the principle "mine accidents start up the direct action of man-made trace "; 4. the principle of trust. Then, describe the cognitive and will factor of negligence in supervision in the mine accidents. Finally, discuss the actions and harm results of negligence in supervision in mine accidents. Part V: The shortcomings existed in the process of investigating criminal responsibility of negligence in supervision and the improvements. First, analyze the legislative and judicial shortcomings in investigating criminal responsibility of negligence in supervision. Defects in the legislation are: the provisions of the Criminal Code will oversee criminal negligence for the damage committed over inaccurate, not Potential Damage; the single type of criminal penalties configuration; the penalties prescribed intensity is too light in the criminal law in the crime of negligence in supervision. Defects in the administration of justice are: light punishment in dereliction of duty on mining accidents; replace the criminal liability by administrative liability; evidence is difficult to collect. Then, give some suggestions about the improvements of the mechanisms of investigating criminal responsibility of negligence in supervision, including legislative and judicial improvements. Legislative improvements include the addition of "crime of mine safety supervision and dereliction of duty"; to stipulated mine crime of negligence in supervision of the provisions to Potential Damage; increase the criminal fine. Judicial improvements include severe punishment "the collusion of the staff and the boss of the coal mine"; establishing uniform guidance conviction of sentencing crime of dereliction of duty; apply to "burden of proof."...