Research On The Crime Of Failing To Report Or Making Up To Report Safety Accidents

The NPC Standing Committee passed the "Criminal Law Amendment (6th)" and provided for the crime of failing to report or making up to report safety accidents in criminal law in June 2006. As a new criminal norms, it need to improve in legislation, it has a room of interpretation in Justice, and has a space of development in the future and destiny. These problems, has some new ideas in theory, and is also conducive to accurate application of criminal law and to promote development of criminal law in practice. It is worthy of further study.The paper comprehensively use of various research methods, includes methods of notes research, historical research, comparative research and case research. It trying to do a "fine" study for the crime of failing to report or making up to report safety accidents to help judge have a better conviction sentence, and to improve the criminal law. The whole paper is divided into the three parts: the introduction, four chapters and the proper conclusion. It has about 33,000 words.Chapter 1 briefly describes the background and history of Legislation, introduces the current situation and History, raises China government's administration mind in the field of production safety at present that is "Maintain order in accordance with the law, Use of severe penalties to combat confusion". The article pointed out the "saviors" nature of the crime of failing to report or making up to report safety accidents. Chapter II research concept, constitution, punishment and other basic problems of the crime of failing to report or making up to report safety accidents. Chapter III research causal relationship, competition, the number of crimes and "over the subjective element" and other difficult problems of the crime of failing to report or making up to report safety accidents. The four controversial issues are given the author's own views. Chapter IV has a comparative research first between the crime of failing to report or making up to report safety accidents and the similar crime in foreign criminal law, that is, the crime of desertion, the crime of seeing danger but not to save. It is with the preliminary conclusions that there are significant differences between the crime of failing to report or making up to report safety accidents and some crimes in the ancient and modern various countries criminal law, which are seemingly similar to the crime. Its scope is relatively narrow. It should be noted that the coordination of all crimes in the criminal law is very important. Secondly, that the judicial interpretation expanded the scope of the crime of failing to report or making up to report safety accidents, and inappropriately over-expanded the scope of punishment. We should adhere to the basic position of strict interpretation. Finally, I prejudged with a developmental vision from the new starting point for the history of the criminal law that the future and destiny of the crime of failing to report or making up to report safety accidents is a gradual evolution to the crime of seeing danger but not to save, on the basis of the existing provisions, which is a concentrated expression in the Penal Code that our countries economic and social development and progress and ideological and moral standards of citizens in the overall improvement.