The Legislation Defects And The Consummation Of The Liability Accident Crime

Liability accident crime is the behavior that the natural person or entity engaged who work in production, operation, business or transportation, violation the particular note obligations, due to subjective negligence, make serious consequences, such as most people injury or death or make property losses. It includes criminal law article 131-139 and 436, refers 13 crimes. Liability accident crime has some defects: Subject not perfect, punishment species single, Sentencing classes less, Punishment strength lighter than ordinary negligent crime. Negligently causing serious accident crime, major labor safe accident crime, large mass activities major security accident crime, engineering major security accident crime, education facilities major security accident crime, fire liability accident crime all have legislative loopholes, already can not satisfy the needs of judicial practice. We should increase unit crime subject, stated the serious result in law expressly, expand the scope of fine punishment and applies it to each liability accident crime, increase qualification punishment, strengthen the intensity of punishment, enhance imprisonment time boundary point to 5 years and 10 years, improve the configuration of punishment , Negligently causing serious accident crime in"production or operation"change to"production or operate", increase the major persons-in-charge of the entity as the subject of major labor safe accident crime and mass activities major security accident crime, changes large mass activities major security accident crime to Mass activities major security accident crime, increase natural person subject of engineering major security accident crime, education facilities will be amended as Public facilities major security accident crime, and directly state actions that those directly responsible taken must enough to prevent casualty accidents,"timely report"amended as"timely report until get indicate from relevant department", Put the fire liability accident crime for:"violate the regulations of fire control, thereby causing serious consequences…."...