A Study On The Legislative Perfection Of The Crime Of Serious Responsibility

In recent years, it is frequently concerned us when we read a series of reportsabout the collapsing or the methane explosion of the mine. These accidents make usdeeply perceive it is urgent to improve the legislation of the crime of major liabilityaccident. The crime of major liability accident has been modified and improved in thefirst line of the sixth criminal law amendment which was passed in the10thnationalpeople’s congress standing committee on the June,2006. With development of thetime, the contradiction of all the relationship, such as, the production and theoperation process is severe as well as the more apparent security issues. This thesisstarts from the analysis and discussion the imperfection of the crime of major liabilityaccident and proposes some suggestions of legislative for the defect in order toimprove the legislative of the crime of major liability accident and play the full of thecriminal law which is preventive and punishment the criminals.Except for the introduction and conclusion parts, the three chapters fullyexpounded the perfection of the legislative on the crime of major liability accident.The first chapter analyzes the imperfection of the legislation on the crime of majorliability accident from two perspectives. The first part focuses on the legislativeprocess of the crime of major liability accident. we can have the picture about theamendment of the crime of major liability accident in different time periods andbackgrounds by the legislative process. Taking the methane explosion of the Babaomine in Jilin province as an example to illustrate the flaws of the crime of majorliability accident, such as the criminals without obvious mistakes, the crime withoutunion and the low punishment which will be the center in the second part.Three parts consist of the second chapter. In a word, by employment of threetheories to state the theoretical ground about the perfection of the legislative of crimeof major liability accident. They are the interest protection theory, the societythreatening theory as well as Hand Formula respectively. The author will analyze thethree theories by discussion the theoretical basis, the main content and the guidancesignificant of the legislation in order to lay the solid theoretical foundation for thelegislative of the crime of major liability accident.The third chapter proposes several suggestions about the perfection of thelegislative of the crime of major liability accident. In the author’s opinion, byintroduction the criminals without obvious mistakes, the crime without union and the low punishment to make up for the imperfection and flaw theoretical ground,legislative perfection of the legislative on the crime of major liability accident. Inaddition, it is essential to adjust the punishment about the crime of major liabilityaccident in the current law.