The Cases Analysis About The Crime Of Serious Project Accident

In recent years, China’s rapid socio-economic development has brought a construction boom, however, construction quality and safety issues continue to emerge, which draws public’s attention The crime of major accidents against the engineering security is the additional charge of the1997Criminal Law. There are congenital deficiencies in the legislation and acquired missing in the justice in the setting of this crime and therefore a lot of controversy emerged. Based on typical cases and criminal law theories, the writer, focuses on the discussion of requires in constitution of crime of major accident against engineering security and the determination of this crime with analysis of some typical criminal cases. This paper is divided into three sections and the following is brief introduction.The first chapter briefly introduces the legislative background of this crime, and presents the four relevant cases about crime of major accidents against the engineering security and bring up the controversial points.The four cases are respectively the collapse of Qijiang Hongqiao case, the Qiantang River "jerry-built projects" in1998, Mr. Feng cutting comers in a major project and Hengyang fire in2003. Through a brief analysis of the cases, the author puts forward10contentious issues. These controversial issues will be discussed in detail below.The second chapter analyzes the controversial points. Paper parses the controversial points from three prospectives:the constitution of crime of major accidents against the engineering security; law practice; criminal affirmation Disputes in the crime constitution involve four elements which respectively are the object, objective aspects, subject, and subjective aspect. Judicial application focused on the identification of crime and nonprime and the distinction between this crime and other crimes. The identification of criminal responsibility focused on the presumption of causation, directly responsible for identifying, retroactive effect law and the statute of limitations.The third chapter is the legislative proposal. Firstly, extension of subjects of crime of major accidents against the engineering security, which means the subjects shall be defined by action, not by status of unit, also individual and unit are considered as the subject of crime of serious project accident. When the quality of the project is seriously sub-standard and sufficient to cause loss of life and property, it should add the dangerous crimes to the law. On the admitting of the complex form of guilt, it should improve the set of Legal Sentence.