Henan Province Pingdingshan9.8Mine Difficulty Commentary Analysis

In recent years, our country some prominent places, multiple serious mine accident, in the judicial practice, our country of accident cases are major liability accident crime or serious labor safety accident crime punishment. While the case of Li Xinjun et al. Qualitative is dangerous to approach the crime of endangering public safety, is China’ sfirst with dangerous to approach the crime against public security mining case, maximum penalty of death. This is because our country respond to social governance need to use weapons and penalty Management accidents positive embodiment. The referee can give full play to criminal law to protect miners’ personal rights and public safety maintenance function, which emphasizes the protection of criminal law on the people’s livelihood, but also actively carry out the case of Alternating Leniency with severity the basic criminal policy. This to further advance our country criminal law, constructing harmonious society and pay attention to people-oriented, has very important significance. This article mainly from the dangerous to approach the crime of endangering public safety, crime of major liability accident, significant labor safety accident crime subjective important document (in view of this particularity, this paper only from laissez-faire perspective here), objective elements, the main element (Zhang Mingkai three elements.) this three respects to discuss, among them Chongzhongzhi is heavy is the case involving the crime subjective elements of discourse. In this case the subjective important document relates to behavior of human cognition, the author thinks that the indirect intentional crime awareness than overconfident negligence understanding degree; at the same time relates to the behavior of human will factor, the author thinks that draw lessons from intentional crime volition to harmful consequences to society hold a kind of be indifferent to, let nature take its course mentality, the harm results depend on the intended behavior results. This article through the analysis, in favor of a court of second instance of Li Xinjun, dangerous to approach the crime of endangering public security’s conviction.