Several Studies On The Crime Of Failing To Report Or Making Up To Report Safety Accidents

Since the21st century, The rapid development of economy has seen repeaded safetyaccidents and increasing concealment and false reports about accident. Under this severesituation, The Amendment (VI) to the Criminal Law of The People’s Republic of China makeit an independent crime and imposes strict criminal liability on it.The special provisions of criminal law has a very important positive implication forcrime-fighting and to a certain extent, curb such behaviors to spread. At the same time, thiscrime is a brand new charge. The shortage of the theory research and practice makes thiscrime a valuable and potential research field. This article attempts to conduct a further fineresearch on the crime model. This paper is divided into four parts: the general situation，theconstitutive requirements, the judicial cognizance, the legislative defects, and the improvingsuggestions.In the general situation of this crime, the author defines the concept of this crime andintroduces a case to discuss reasons of this legislation. The crime legislation emphasize on thecrime of offering the serious social harmfulness. The purpose of this legislation is to tightencriminal net. I must emphasize that this crime doesn’t indicate that Severe-Penalty Doctrine’sreappear but that the policy of severity tempered with gentleness.Part ii of this article is the main part of this paper, including the object of this crime, theobjective aspect, the subject of crime and the subjective respect. In the object,I discusses thatthe specific object of this crime is safety regulations. The theoretical circle of the criminal lawhas many controversial issues on this concept. So,I expounds that the object of this crime issafety misadventure. The scope of the safety accidents includes all crimes of the secondchapter provisions of criminal law except the traffic accident crime. In the object of the crime,this article explains one by one the controversial theory about the failing to report and makingup to report, the judgment standard of timely and effective report, the facts of omission aboutthis crime and the result of this crime. The paper Put forward own views based on the formerproduction. Point out this crime’s subject defined and related reasons listing and analyzing theissue in criminal jurisprudence the world. The discussion at the end of this chapter is about thesubjective aspect of this crime. I think that the subjective attitude of this crime is the indirectintention. The third part of this judicial cognizance, the author discusses this crime’scause-and-effect relationship problems, sin number problem with accomplice question one byone and points out the standard of indictment of this crime’ relationship, and judges severaltypes of this crime which are punished by several charges together and wether related subjectsare established and the establishment of accomplice of all kinds, etc.The fourth part brings about new idea on this topic. in terms of this crime’s singlepenalties and the lackness of penalty the author offers suggestions and put forward reasonableways to penalize perpetrator and the appropriate amount of penalty.