The Problems Of Mine Accident In Criminal Law

Recently, the Chinese economy is developing rapidly that has brought positive reflect on the increase of GDP, GNP and people income. As is known, the abundant coal resource is a great opportunity for develop space for manufactures and business operators. Basing on the coal resource, some of people have got the variety of benefts, because of high profits of coal industy. Some social problems, however, with the coal has been appeared normally, even crimes. At the moment, the word of'coalmine'is common keyword for everyone. People can hear coalmine in a moment. It is enormous disasters for coal-workers that frequent mine accidents reflect a lot of negative effects, such as working conditions, families'problems, and so on. Right now, the government and people more concerne about the mine accidents as well as discuss why the accidents occurred frequently. The people just know how the accident happened and how to rescue from news, however, they know little about criminal law issues involved in the accidents. The research is mainly about how the criminal law plays the fully and effectively role in mine accidents, the correct identification of criminal issues and how to improve relevant laws and regulations.This paper is sepeared by three parts:The first section describes our country's mine accident and relavant criminal law system. In this part, the author will give the definition of mine accident, and ues findings, including China and other contries, to balance mine accidents in China more negative influence than the other countries. Finally, it will show how to improve criminal regulation issues about mine accidents, for example, previously, there is an only judicial interpretation for mine accident, called crime of major liability accident. But now, it has extended crime of major liability accident, major labor safe accident crime, unreport and unreal crimianl responsibility for salty auident as well as a specific judicial interpretation.The second section states several controversial issues about the relevant accusations of mine accident, which is the core of this paper. The main content of this part is to describe and discuss the similarities and diffrences between crime of major liability accident, such as in process of production, compels violates regulations cognization to take risk work crime, such as work in a risky way in violation of the rules, major labor safe accident crime, such as safety production facilities and working conditions, and unreport and unreal crimianl responsibility for salty auident as well as discuss subjects of crime, which are groups or individuals, for major labor safe accident crime. Additionally, the author will state own oppions after every argumentative issues.About the third section, the author states some reasons of repeated mine accidents in China, such as the high profit of mineral industry, weak supervision and management and the so close relationship between government and mineral industry, as well as analyze current criminal law, for instance, measurement of penalty. To reduce mine accidents, the author strong recommonds three key points for government to improve criminal laws, including enforce criminal penalty for supervision department of mine production, crime of major liability accident and major labor safe accident crime, and add penalty.