The Legal Punishment About The Crime Of Negligently Causing Serious Accident

Taking into account the increasing number of serious accidents in our country, this article has been studied the legal punishment about the crime of negligently causing serious accident. By the comparative method to the legal punishment of this crime at home and abroad were analyzed,combined with the characteristics of this crime,we try to perfect its legal punishment from the angle of punishment function. Through the comparative analysis of the legal punishments at home and abroad,we can find the deficiency of the legal punishment of this crime in the Criminal Code of China, Violating the constitution and setting principles of legal punishment.Making this law take an active part in protecting society.Legal puninshment includes two aspects:puninshment kinds and punishment degrees.The main three views about the constitution of legal punishment are:Repay theory, Utility theory, Comprehensive theory.this artice try to find the reasonable grounds of the constitution of the legal punishment. Setting principles of legal punishment include the principle of explicitness, the principle of the balance between a crime and a punishment, the principle of the fairne and reasonableness. The legal punishment about the crime of negligently should follow these theory.Legal roles of the crime of negligently causing serious accident have a series of changes. this article combs the legal roles, exploring the legislation intended.help we to undstand the crime.Both the puninshment kinds and punishment degrees violat the constitution and setting principles of legal punishment, And does not adapt this crime' nature.Stones from other mountains can be made into jade. Review the Codes of the French,Russia, Holland and Japan,they all pay attention to diversity.such as penalty, qualification, imprisonment.and add the corporate crime. Taking an active part in protecting society. As a kind of crime endangering public security, the crime of negligently causing serious accident is one of vocational negligent crimes, Closely related with corporate crimes, many belong to economic crimes.I think the legal punishment shouid add penalty and qualification in puninshment kinds.Aggravating punishment in punishment degrees. Also I want to extend subjeet from single to Party.