Criminal Responsibility In The Jiaozhou-Jinan Railway Accident

Based on the case that responsible people, as railway employees, in the Jiaozhou-Jinan railway have been convicted and punished for railway operational accident. This paper is aimd to make sure the criminal liability when analyzing of the railway operations accidents.After comparing the processing mode in similar incident of (old) criminal law in1979and of that (new) in1997, learning from the foreign processing mode in the such kind of accidents, I elaborated some issues related to crime of dereliction and of railway operational accident. The controversy over the identification on the subject of "railway workers" in the crime of railway operational accident, and the identification on the subject of "State organ staff" about the crime on dereliction of duty, is not neglectful in the academic field. This paper analyzed the similarities and differences between the crime on railway operational accident crime and the dereliction of duty, and discussed the responsibility for Concurrence. According to the national laws and regulations it pointed out that, in a specific pattern of the indistinction between the railway system and railway enterprise, responsible leaders exercising the administrative duties, who have dual nature of identities, which are the of the staff of state organs and railway workers, are blamed on their behavior. This behavior, as the violation of laws and regulations, occurred railway operational accident, at the same time committed dereliction of duty crime in the railway accident.About the two charges, treating Jiaozhou-Jinnan Railway accident as an example, although the final decision is to adopt a railway operational accident crime, dereliction of duty should not be ignored. The choice of any charges, in the case of competing the two crimes, is taking into accounts the principle of legality, as well as the criminal policy in the proper social context, targeted strikes, and preventional needs.