Coal Mine Disaster Accident Shall Be Investigated For Criminal Responsibility In The Investigation Report

In recent years, our country in how to prevent coal mine accidents have madeunremitting efforts, has achieved remarkable results, took in2011compared with2010, thedeath toll of the coal mine accident by dropped more than1000people, but the coal miningenterprises in China can be a highly dangerous industry, all previous years comes to causedeath has to count the number of thousands, a serious threat to people’s life and propertysecurity. Therefore, our country have pay special attention to the coal mine enterprises’ safeproduction problems, to catch safety production never relax, but because the interests of thevarious continuously drive, coal mine accident case of high incidence, even in place of arising trend. Coal mine accident incidence rose, while shall be investigated for criminalresponsibility in coal mine accident turned into problems plagued the country the judicialpersonnel’s biggest problems. These problems in the judicial practice has seriously affectedthe judicial organ for coal mine accident shall be investigated for criminal responsibility ofhow, but this in theory have not cause enough attention, only a few people to pay attention to.This article will use the comparison, analysis and the theory with the practice of the methodof GUIZHOU province F county as sample, to demonstrate our coal mine accident shall beinvestigated for criminal responsibility problems and solution, in order to the judicial practicework, and the legislative branch offer beneficial reference materials.Full text in addition to the introduction and conclusion, was divided into four parts, a total of more than18000characters:The first part, coal mine accident situation. In recent years, China’s coal mine accidentfrequency, although there is a decrease in the morbidity and mortality of the trend, butthroughout the national coal mines the death toll is still scared, this article through to thenational coal mine accident made the brief review, and specific to F county coal mine accidentinvestigation, discovered and briefly expounds F county coal mine accident criminalresponsibility shall be investigated for phenomenon.The second part of the coal mine accident reason. According to the F county since2007coal mine accident happened reasons for statistics show that the current F county and even thewhole country, the reasons of coal mine accident happened to have two: one is the humanelement, mainly including5aspects. One is not meet the conditions for safe production ofsmall and medium-sized coal mine illegal mining; Second is the coal mining enterprises topursue the maximal profit and heavy production, light security; The third was supervision andnot in place; Its4it is ignored safety production training;2it is natural factors. F county islocated in the mountains, is a natural disasters such as debris flow, landslides of the multiple,is prone to, to a certain extent, is also causes the F county non-artificial coal mine the cause ofthe accident, but the key is not part of the paper.The third part, shall be investigated for criminal responsibility of coal mine accidentsituation analysis. This section is the full text of the center, this paper firstly F county minedisaster accident in recent years the main personnel shall be investigated for statistical analysis found that accident shall be investigated for criminal responsibility ore difficult scopeof subject relatively narrow, so that to the judicial practice in the ore difficult accident shall beinvestigated for criminal responsibility caused trouble; Second is the ore difficult accidentshall be investigated for criminal responsibility in the punishment of the analysis, through tothe F ore difficult person accident county criminal punishment that statistics found thatpunishment does not exist or cohesion, penalties equipped phenomenon; The last is to Fcounty in the applicable mine disaster accident charges related to the victim compensation andin-depth analysis, the criminal law for a thorough coal mine accident shall be investigated forcriminal responsibility of the existing defects.The fourth part, accurate applicable criminal law, perfect the mine disaster preventionand control countermeasures. This part in the first three parts of the foundation, proposed coalmine accident shall be investigated for criminal responsibility to solve the problems relevantcountermeasures. In order to make the legislative and judicial organs shall be investigated forcriminal responsibility in coal mine accident out of the predicament, first is expanding thiskind of crime subject, increase the provisions of the dangerous crimes, increase the blow fromthe source to prevent crime range of happen; Second is that in this kind of crime increases thesupplementary punishment, avoid fled, leakage sin phenomenon; Once again, is suggestedjudicial organs accurately apply the big responsibility of accident and related crimes chargesshall be investigated for coal mine accidents related ore difficult the crime responsibility, andat the same time, strengthen the position of the crime of blow. The last of the families of the victims is the compensation into legal given circumstances, to safeguard the social order andstability.