From"9·8Mine" Case Related Legal Problem Analysis

September8,2009, Xinhua four ore occurred disaster accident in Pingdingshan City, Henan province.This accident had killed76people,and caused two others badly injured, four people minor injuried, nine people slight injuried. After identified by the court, the defendant, Li Xinjun, Han Erjun, Hou Min, Deng Shujun were convicted and punished by "endangering public safety in a dangerous way", the defendant Yingzhou Yuan was convicted and punished by "compel illegal dangerous operations sin".This judgement caused many disputes in the law circles and the public, controversies mainly focus on how to position the defendant’s subjective aspects in that case, their behavior to determine what kind of crime is more appropriate. According to the relevant legal principles,to analyse the defendant’s subjective, objective behavior,and come to a conclusion that subjective aspects of five defendants in that case were different,Defendant Li Xinjun, Han Erjun, Hou Min, Deng Shujun were indirect intent, the defendant Yuan zhou was fault. According to related objective behavior analysis, the court’s ruling is accurate and proper. The top four the defendant should be sentenced to "endangering public safety in a dangerous way", the defendant Yingzhou Yuan should be sentenced to "compel illegal dangerous operations sin"This incident once again sounded the alarm for us, but also has a certain significance. In the process of analysis,it also revealed that the criminal law of our country in the liability accident crime exist many legislation defects, the punishment of related offenses exists the phenomenon that crime and punishment were incompatible. For the above shortcomings, and then summed up measures to improve the criminal law, including to improve the subjective aspects of the accidents of crime, improve the penalties for related offenses, let the criminal law to play its proper utility, to achieve its ultimate purpose, to better protect citizens’propertyand the life.