Discussion On The Criminal Law System In The Production Safety Accidents

Production safety accidents in our country each year caused huge casualties and property losses, related to people's life and health and family happiness, often and national staff bribery, breach of privilege, be forgetful of one's duties crime together, but also related to the credibility of the government and the ruling ability, deserve our attention, we should deeply mining accident genesis, draw lessons from foreign advanced legislation experience, strengthen the regulation of criminal law, the accurate conviction and sentencing guidelines, implementation method, evaluation, and educational role, so as to decrease the occurrence of accident. The author as a police organs to touch Gunpa ten years scout, often directly facing the dead body, broken families helpless tears and responsibility only profit apologetically communicating the ugly face, feeling than those who sit and prattle about the general principle of pure theorists more profound point, sometimes can realize the deficiency of law and helpless. In this paper, in order to improve production safety accident crime criminal regulation as the topic, hope for our field of production safety, to protect people against crime legislative practice.Besides introduction and conclusion, is divided into four parts:The first part is the analysis of the current situation of production safety accidents. In this part, the article mainly analyzes the present situation of safety production in our country, to our country and part of the country's total casualties caused by the accident and the absolute number and the ratio was compared, at present the austere situation of safety production; analysis of production safety accident-prone reason, the enterprise all reason, staff quality the problem, more important is the problems of monitoring and treatment of palliative; analysis of the production safety accidents the causes and characteristics of crime, from the main, causality, and other crimes related aspects are analyzed.The second is the production of liability accident of safety of criminal law regulation of comparative law study. In this part of the article mainly in Italy, France, Japan and Russia, the relevant provisions of the criminal code as the object for comparison, because of the crime constitution states are different, there are three elements, such as Japan, there are four elements, such as Russia, for ease of comparison with our country crime, roughly four elements that constitute a standard, i.e. from the subject of crime, object, objective aspects, subjective aspects of comparison, and it was kind of penalty and strength.The third part is our country criminal law regulations on production safety accidents. In this part, the article mainly describes China's production safety accident crime legislation evolution and the present criminal law the relevant provisions of the criminal law, the earliest in 1979 three to 1997 nine charges of criminal charges to the revised thirteen crimes, body is gradually expanding, sentencing range gradually increased; and from the present criminal law analysis this kind of our country constitution of crime and penalty, and with foreign law are compared, pointed out the deficiency of the legislation.The fourth part is our country production safety accident criminal regulation improvement. In this part of the article mainly from the following are discussed:subject of crime perfect, to the unit crime; the subjective aspects of the perfect form of sin, should extend to the indirect intentional; objective to introduce concrete dangerous criminal, the dangerous state behavior also to punish; the penalty in the disposition aspect, to increase the penalty, will fine penalty and qualification penalty is introduced, and increased the existing part of criminal legal punishment against freedom of the blank facts; perfect, strengthen practice; several specific crimes and perfect, especially in practice the application of major accident crime and have significant shortcomings in the fire accident, put forward to improve opinion.