A Study On The Crime Of Serious Project Safety Accident

Recent years, many accidents happen in the construction industry due to the quality, which brings a big threat to people’s daily life. The project quality issue concerns with nation and people’s livelihood. Crime of serious project accident, as an important crime in project construction field codified in the Criminal Law, whether it could be suitable for the many quality issues is under consideration. The paper summarizes the crime’s legislation process and studies its current legislation, and then, focuses on the constitution of the crime, hoping to find good solutions to perfect current legislation.In the introduction part, three cases are presented. It shows that many problems are unresolved in construction industry. That is the reason why the paper is written.In the first part, this paper outlines the crime of serious project safety accident and sets out its current legislation. And then after studying the process of the crime, as well as its crime constitution, the paper presents a general knowledge of the crime.In the second part, the paper analyzes some problems in the legislation. Firstly, noted that the finite list of subject of the crime contribute to the narrow applying. Secondly, the objective aspect of the crime, the statement "National Regulations" is not quite suitable for rules’ updating. Lastly, the statutory sentence of the crime is needed to be raised for prevention and punishment.In the third part, some suggestions are provided. Firstly, the subject of the crime should be expanded. Clear out the definition of person directly responsible and add units as the subject of the crime. Secondly, in the field of the objective aspect of the crime, the meaning of the statement "in violation of the state provisions, lowers the quality standard of a project" should be concluded. Lastly, raise the statutory sentence of the crime.In the conclusion part, the paper summarizes the problems and their solutions in whole. And hope the paper could be useful for perfecting the crime ruling in China.