The Research On The Subject And Sentence Of Crime Of Serious Project Accident

Crime of serious project accident is a new additive accusation in the currentcriminal law, which refers to since the construction, designing, execution, supervisorunit in violation of the relevant laws and given rise to serious project accident. Thiscrime is typical substitutional punishment crime which only punish the direct liableperson. In the academic circles and judicial circles. There are numerous dispute aboutthe constitute of subject,basis of punishment and application of statutory sentence inthe crime of serious project accident. People don’t have the unified understanding andthe academic circles don’t have the deep research. There are much argument about thescope of subject of this crime, such as unit theory, natural person theory, unit andperson theory, etc.By means of analyzing these theories and contrasting the legislation situation,the subject of crime of serious project could only be the unit, not consisting of naturalperson, unit constituted by collaboration of human beings and some otherorganization can’t be considered as unit.From the observation of some effective judgment，if the person who doesn’t havethe feature of unit, he construction team temporary formed, or the disqualified personwho get the quality by affiliating other qualified company, subcontract person andcontract person can be sentenced by the crime of serious project accident, there wouldbe the suspicion of analogical interpretation. Along with deepening of reform andopening up and the growing prosperity of the market economy,the swell ofconstruction programme can be seen everywhere. and in our country we have theexamination and approval of qualifications, which leads to the common action ofevasion of law，such as the disqualified or low-qualified person who affiliating thequalified company and subpackage or subcontract the programme to someorganization doesn’t have the feature of unit, etc. For the question of whether thiscrime can be punished in Crime law, the juridical practice has given the answer, butthe law doesn’t have the clear rules to support this. Since the person or unit consist ofcollaboration of human who doesn’t have the relevant qualification, maybe they don’t have the technology system, management or experience matched with theconstruction.In the field of construction which are in need of strong professional skills toensure the quality of project, if once accident happened, there must be a massive lossof persons and property, so I think there are necessary to discuss the question ofsentencing. The author thinks there exists a legislating imperfection in the crime ofserious project accident, this crime is carrying out the substitutional punishment insystem of single punishment, which only punishing the direct liable person and hadresulted in the inconformity of the subject of crime and liability.By introducing and analyzing the theory at home and abroad on personundertaking the liability of crime, in the existing punishing system of unit, thecriminal liability of unit consist of the personal liability naturally and internally. Sincethe personal cannot be isolated from the unit, the criminal act of personal isexternalized by the act in the unit, this is not the substitution of responsibility of unitand this is the principal of bearing responsibility solely for one’s own crime.In this paper, the author will discuss the definition of subject, basis ofsubstitutional punishment and application of statutory sentence in depth and point outthe view of suggestion that the subject should be completed, which meansstrengthening the qualification crime, stressing necessity of potential criminal, addingthe personal or organization consist of collaboration of human as the subject of thiscrime, and carrying out the separation of liability between personal and unit and theprincipal of bearing responsibility solely for one’s own crime.