The Crime Of Illegal Operation Forced A Number Of Risk Research Problems

Forced the dangerous crime of illegal means or force others to risk illegal operations, thus causing major casualties or other serious consequences, "the Criminal Code Amendment (six)," The increase in the charges.In this paper, a more in-depth analysis of the risk of operating illegally forced the main body of the crime, in the form of sin and forced, for there are differences of perspective into the comparison, made its own point of view, pointing out that in a number of judicial practice need to be clear of, And to put forward their views and suggestions. This article is divided into three chapters, the first chapter of the regulations forced the risky operation to define the scope of crimes subject, introduced in 1979 from the "Criminal Law" on June 29, 2006, "the amendment of the Penal Code (six) " regulations forced the dangerous crime The main changes to the analysis of the amendment are to amend the background and impact of the various disputes and focus on theoretical analysis of the "Criminal Law Amendment (six) " forced on the crime of illegal operation of the main risks to define standards and that the scope of the main managers, Who is responsible for the actual control of, investment in people. The second chapter analyzes the summary of the regulations forced the dangerous crime in the form of sin, in reference to absorb the results of previous studies on the basis of the scholars on the remaining differences and focus on the needs of the grasp discussed, the list of representative Perspective and analysis to determine the crime of forced illegal dangerous fault in the form of sin; analysis of the regulations forced the dangerous elements of the crime of sin, or force the duty of care and attention capacity, and forced the regulations combined with risk analysis of its own operations. Chapter III of the act forced the analysis of the concept and characteristics and should be made clear, such as forced behavior and expressions, such as the degree of force; acts of force on the object, the object of the act forced to introduce legislation in conjunction with Case History The object of forced labor relations, an analysis of the employment relationship; forced to act on the contents of the analysis are two aspects: first, "illegal" in understanding the meaning of rules and regulations, should include the following three categories: national laws and regulations promulgated by the express Provides production, and its operating units by the higher authorities to develop a point of order, rules, regulations and so on the express provision, production, operating units in the current well-established right to operate with the customary practice, and with three types of production safety Related; The second is "dangerous" to understand: the scope of the risk, and that the scope of operations, where production, operations, both legitimate run factories and enterprises engaged in production, operations, but also engaged in the illegal production, operations, Without the approval of the industrial and commercial registration of enterprises engaged in production activities, without mining permit to engage in underground mining operations, and so on. That the operation of the first security-related and production, followed by an offense must occur in the production, operation, which is forced others to constitute the crime of illegally operating on the premise adventure.