On The Subject Matters Of The Crime Of Major Liability Accident

This paper researches on the subject of the crime of major liability accident by analyzing practical and theoretical issues, mainly focusing on necessity and feasibility of the unit being the subject of the crime. In legal practices, the paper analyzes the problems in crime identification and precaution. In theoretical aspects, the paper analyzes the subjective and objective basis of the unit being the subject of this crime. From the aspect of crime precaution, the paper points out the functions of the unit being the subject of the crime in special and general precaution and provide suggestions to improve punishment of unit committing crimes.The paper points out the existent problems concerning this crime according to the history of legal practices and legislation. Firstly, the paper analyzes the subject problems of the crime in legal practices. Existing punishments are too lax to meet the need of crime precaution. Administrative punishments neither accord with criminal principles nor reflect fitures of criminal code. Secondly, the paper introduces the legislations concerning the subject of this crime both in China and abroad. In China, the unit is excluded from the crime subject from the 33rd amendment to the 1963criminal act draft in which the crime of major liability accident was defined as a crime to the criminal code amendment 6 which came into effect on June 29th, 2006.However, legal person has been regulated as subject of similar crimes both in civil law countries and American law countries. Finally, the paper points out that it is necessary and urgent to regulate the unit as the subject of the crime.The analysis from the subjective and objective aspects of major accidents as the main crime of conviction. Firstly, the crime analysis unit as the main objective basis. Negligence from the objective identification against the results of the identification unit is against the results of objective existence of negligence and criminal law on the three aspects of causation is discussed. Objective discussion of negligence in the "production, operation" and "violation of safety management requirements" the identification, and clearly defines units in the specific crime of negligence. The results are discussed against the "significant injury or other serious consequences," the filing standards, combined with a clear infringement of the new judicial interpretation of the results found. Determined according to the relevant units of the objective causal theory of negligence and violations of criminal law does exist between the results of a causal relationship. Secondly, the analysis of unit as the main crime subjective basis. I believe that the form of this crime can only be the fault, but also the fault of over-confidence. The unit is based on when the subject of a criminal supervision management of fault, if that unit has the responsibility for supervision and negligence in the accident, management negligence, then the unit needs to take responsibility for criminal negligence.The analysis from the perspective of the purpose of punishment as a criminal subject of crime prevention effect. Firstly, the discussion about the purpose of punishment, in particular the current theory. Secondly, from the special perspective of prevention, I believe that unit into the crime also need to be perfect on the penalty means, such as the abolition of qualification, the unit to limit the scope of public criminal unit of information, specifically the amount of fines, so as to prevent the unit of re-offending. Finally, from the general perspective of prevention, I believe that unit into the severity of the crime and impose considerable penalties can affect other members of the community creating a example to dispel their chances of crime, raising legal awareness, so as to achieve general prevention effect.Finally, a conclusion is drawn. The paper points out that the unit being the subject is necessary and has its basis both subjectively and objectively. It is the social and economic function of criminal code to establish a public health system and to improve the safety production system. It is feasible and necessary to regulate the unit being the subject in order to precause the crime and punish the criminals.