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Major Responsibility Of The Crime Of Perfect Vision

Posted on:2006-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q M KongFull Text:PDF
GTID:2206360155459332Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since a period of time ,there are series of serious accidents in our country ,making people have to examine whether the provision of crime of negligently causing a serious accidences in Chinese criminal law is scientifical and reasonable.And the new situation puts forward the new challenge to it again.The theaties probes into these legislative questions,and tries to put forward a legislative improvement.The article is divided into preceding part which making debates on the existing legislative atmorphere of this crime and dissects the problem about legislation;Bottom part is intended to perfect the crime and puts forward the legislative speculation.The treaties is composed of 32000 words approximatey.Preceding part :This part mainly dicusses on this crim from 4 aspects:The first problem primarily discusses the chaotic relation ship between crime of negligently causing a serious and the other accident crimes ,further studying the cause.The second problem is the problem exsiting controvercy of the subject of crime of negligently causing a serious .The article points out the outside scope of the subjectof crime is too narrow, and the connotation of the subject can't include staff of the illegal unit.The third problem primarily is to probe into the objective of the crime of negligently causing a serious pointing out the logic problem of the means of the objective behavior and pointing out the defect of compelling workers to work with risk and b breaching a regulationThe fourth problem mainly examine the statutory sentences of the the crime of negligently causing a serious primarily,.The article points out the statutory sentences are single and the contribution of statutory sentences is unreasonable .Bottom part :The article is to perfect t lawmaking of the crime of negligently causing a serious andput forward speculation about it from 5 aspects.First,the author distinguish the relation ship between the crime of negligently causing a serious and the other accident crimes ,putting forward two kinds of projects as choices,and to two kinds of projects ,thinking the tiny adjusting is pratical and available.Next,the author suggests that the subject of the crime should be widened.This theaties consides the provision of the subject to repeal the "factories mines , forestry,buiddings or other entrepritieses and units"in the regulation,and the subject of the crime should not be limited .Moreover ,the author thinks the crime should introuduce the indirect governor.Next ,Perfect the objective aspect of the crime of negligently causing a serious. The aticle points out to revise the objective behavior of the provision into "breach of the safe prouction","managenal negulation" ,and advises introducing the "dangerious criminals".Fourth, the author thinks we should speculatits the subjective aspect in this crime of negligently causing a serious,including :should be led into supervising negligence and the rule of bonna fide should introduced into the crime.At lart we should perfect the statutory sentences proceeding of this crime :two other punishments,fine and disqualification ,are supplemented into the the punishiment of this crime ; .And increase the statutory sentences of this crime.
Keywords/Search Tags:Responsibility
PDF Full Text Request
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