Legal Analysis On The Major Labor Safety Accident Case Of Shen Haibo

Major labor safety accident crime is one kind of accident crimes often occurs in the field of production and operation, as its serious consequences, it forms a significant threat to workers’ right to life and health and safety of the public and private property. The relevant departments of the state develop various laws, regulations and policies to protect the safety of production and operation, however, because of the relatively simple law itself but extremely complex job situation, many controversial issues still exit in the judicial determination process of major labor safety accident crime. Besides, in the judicial practice, different approach on the controversial issue will lead to inaccurate conviction and inappropriate sentence, which bring a certain amount of negative impact to judicial justice.In this paper, taking this typical major labor safety accident case of Shen Haibo as the starting point, proposes five legal issues of the case in the judicial determination process base on the focus of controversy in this case. Combined with relevant theories, the five legal issues are analyzed and discussed thoroughly, and puts forward some thoughts and suggestions to improve the judicial determination of major labor safety accident crime. This paper is divided into three parts, the specific contents are as follows:The first part, it’s a brief description of the case and a concise introduction of the opinions of the prosecution, the counsel and the judge. And puts forward five relevant legal issues of the case in the judicial determination process;The second part, it’s the focus of this paper, starts from the concrete case and combines with various academic theories, studies and discusses the five legal issues which put forward in the first part thoroughly, then proposes my own views and opinions about the five legal issues;The third part, it states the reflections from the legal issues involved in this case and puts forward my own suggestions to improve the judicial dilemma of major labor safety accident crime.