The Study About Some Problems Of Serious Accident Crime

In recent years,our country major accidents occurred frequently, especially the situation of production safety, coal mine enterprise in the field of plant is very serious. From Yunnan Fuyuan coal mine gas accident, to Kunshan 8- 2 large explosion accident, explosion from chemical enterprises building engineering construction safety, fire, to the roadside shops, so various, involving the construction, mining, electricity, manufacturing and other industries, which caused casualties, property losses shocking.Frequent safety accidents, to the development of economy brings the serious obstacles, but also affect people’s normal life. Investigate its reason, not only contains the natural and social factors, and its legal reasons. In order to more effectively curb, combat serious liability accident crime, China had in 2009 promulgated the "criminal law amendment(six)", the crime of major accident liability has been improved, but even so, the incidence of major accident did not effectively reduce, but rising trend. With the development of information society, science and technology, especially in the face of new liability accident showed a complex, due to the characteristics of the current legal provisions, will inevitably be inadequate, this paper tries to start from the basic theory, constitutive requirements, supervisory negligence, negligent dangerous crime point of view, trying to carry out comprehensive study, and then reach for a major liability accident crime in the legislation to improve, and eventually realize the law accurately target, to cause the enterprise the management and workers pay attention to production safety height of the legal weapon, to curb major liability accidents, ensure the smooth development of economic construction.This article is divided into four parts, the first part, from the perspective of the theory, this paper expounds the major liability accident crime legislation process and the business negligence, dangerous, not as a crime causation and fault monitoring fault such as theoretical basis, and the charges involved a detailed analysis and expounds the theoretical basis of the, for the following major liability accident crime research groundwork; The second part is a major liability accident crime, also discussing the problems of each component of the component elements of each dispute in academia and do detailed description and comparison of different point of view, to review its rationality, and after analysis comparison, comprehensive study, expressed the author’s own opinions; The third part is the analysis of major liability accident crime in the supervision of fault liability, the negligent dangerous crimes, and to this crime punishment mitigation configuration, focus on the scope of legal punishment, punishment mode research analysis, to explore due to the uncertainty existing in the existing laws and regulations, incomplete content; The fourth part through the analysis of the theoretical part I above, improving Suggestions on legislation.