The Legal Consideration Of Crime Of Negligently Causing A Serious Accident

Although the wide application of high and new science and technology has greatly improved the social material wealth, a large quantity of accidents appear frequently in the field of science and technology, such as air crash, traffic accident, mine disaster, building fire, bridge collision, public facilities casualties and so on, which do great harm to the public. The most striking feature of those public safety accidents, as the mentioned above is that they are not only at a higher risk, but also go hand in hand with duty dereliction. It has been found that the causes of public safety accidents in China are quite different from those in other countries. The cause of the tragedy is far from a simple accident itself, but gradually shows new characteristics——most malpractice liability accidents are closely related to the economic crime and bribery, which definitely should bear the responsibility for constant increase of accident crime rate year by year. More concerns and worries for the frequent occurrence of these accidents begin to accumulate. While the crackdowns on the malfeasance corruption have been strengthened and the legislations on major liability accident crime research have been furthered, it remains a puzzle that why the effects are beyond our expectation. Therefore, how to bring such crimes under control effectively is not only an academic subject, but also the purpose of the legislation study, and moreover, it is the challenge of survival and development the Chinese are faced with. What keeps racing in our mind is why liability accident, bribery and malfeasance get involved so much? How to understand the relationship among the three and how to maximize the effectiveness of law of punishment? The issues are not only the focus of social concern, but also the focus of this article will analyze.This paper falls into six parts to analyze and demonstrate the above problems, with the first part as the introduction and the sixth as the conclusion. The second part mainly elaborates on the major liability accident crime and discusses the conceptual category and legislative process of accident crime. At the same time, Criminal norms are briefly described and analyzed on similar charges in foreign countries and Hong Kong and Taiwan.. The third part mainly analyzes the connection between major liability accident crime, dereliction of duty crime and bribery crime, mining the hidden behind other crimes in the responsibility for the accident. It discusses the crime with the non crime, one crime and several crimes from different subjects in different objective behavior. The fourth is aimed to introduce influential sentencing theory and to present its feasibility in addition to the reasons for frequency of major liability. The fifth is intended to focus on legislative direction of major liability accident, to seek effective means to curb and punish the crimes of this kind in order to ensure the social public security and eventually to bring light to everyone that life is everything.