Research On The Crime Of Serious Construction Accidents

The steady development of China’s economic construction, while engineering construction quality problems have become increasingly prominent, practitioners of the construction business focus on seeking benefit at any cost even breaking law that buried the seeds of accident-prone in construction industry, the punishment for violations of administrative law enforcement is not in place making the situation more and more serious, the criminal law for engineering regulations are too general, resulting construction activities which violate engineering quality standard increasingly rampant. The paper try to give answers about "How to improve the acts of the crime?" through the overall research on theoretical standpoint and legislative defects, with the purpose of supply comprehensive legal basis to handle various types of criminal behaviors in construction activities,to curb the root causes of the accidents happened in construction industry by the completed criminal law Analysis the legislative background of the crime of serious construction accident and clarify the status of the construction industry, it is easy to see the crime as the research object is the new hot spot and scholars will pay more attention on it in the future. By the comparisons of "construction "," serious accident "," security accident " in the legal definition and literally, determine the basic direction for the offense. The starting point of the whole thesis, arguing point, perfect point of the crime of serious construction accidents are all standing on the four constitutive requirements, that means the four elements of the crime is the main logic foothold throughout the paper, and by reference the other scholars’views, traditional criminal law theory confirmed section137in the scope of the fight against the crime both provisions and practices Analyze the flaws in the legislation of the crime by case study and finding those:suspect the rationality of unit crime because the crime subject are too narrow, the main subject of crime and punishment is inconsistent trigger; in the form of uniform negligence crime, omission the judgment on violation of state regulations to reduce the projects’ quality standards by criminal law acts; legal nature of " state regulation " and "serious consequences" are objectively unreasonable to comprehensive combat the crime incidents of construction accidents; the rule of real harm results making restriction in low difficulty of incrimination in judicial practice; judging causation involve natural factors making dangerous state been neglected on the legislation, that is indulge in substance crime. Conform to the logic of full text, based on the crime constitution raise some homologous amendments:Increase the unit crime subject including developers, drawing&review units, prospecting units, natural person should be punished as well, same with intent and negligence of two subjective mentality to determine the penalty, put forward to establish dangerous crimes of the crime of serious construction accidents, proposed the concrete law framework to make the improvement of the comprehensive whole paper. The writer in the hope of improving the crime of serious construction accidents, promoting overall responsibility for the accident of the Criminal Law134-139and ensure the means of criminal law in the future economic development can play a good role in the guidelines. To consolidate China’s criminal law in advanced prevention function in the field of public security.