Study On The Judicial Application Of Major Labor Safety Accident Crime

In our country, the crime of major labor safety accident crime has been one of the important charges, the accurate determination and correct application of the crime to protect the health and safety of workers and major public and private property safety, regulation of the field of safety in the production of crime, to curb the occurrence of production safety plays an important role。 The criminal law of the people’s Republic of China on major labor safety accident crime made clear, "the people’s Republic of China criminal law amendment (six)" to the crime constitution elements made major adjustments, but in the judicial application of some practical problems need to be solved, coupled with the current severe safety production situation and the academic research on this crime, so it is necessary to strengthen the judicial application of the criminal law in the punishment of safety production responsibility。This paper first introduces the legislative status of major labor safety accident crime, combined with the specific judicial practice, the operation of the criminal law on the theory and principle, the use of qualitative analysis and empirical research methods, to clarify the major labor safety accident crime in the judicial practice of the controversy; Then, focus from the four aspects of in-depth analysis of whether the unit can become the subject of crime, the person responsible for the crime can become the subject of this crime, the private unit caused significant property damage is a crime, and the crime directly responsible personnel of the scope, etc This paper discusses that the main body of the crime of major labor safety accident includes the main body of the unit, the necessity of the punishment of the unit crime, and the penalty terms for the unit crime; In accordance with the principle of "cause and effect", the principle of the right to leave and the current director of the safe production work, different subjects in different positions to identify different responsibilities, so that this crime really play a role in the punishment of criminals; Based on the principle that the damage to the property of their own, and put forward their own major property damage does not constitute a crime, the division of the responsibility to determine the property of major accidents; To accurately define the scope of "directly responsible for the competent personnel and other persons directly responsible persons", the analysis of the liability under what circumstances, under the circumstances of the criminal responsibility and what the state does not bear criminal responsibility。This paper also focuses on the relevant laws and regulations in the field of safety production, the "safety production facilities", "safe production conditions" and "not in conformity with the provisions of the state", the analysis of the "competent leadership" and "leadership" in the limit of punishment。For major labor safety accident crime, the paper points out that this crime is relatively simple, the sentencing range is relatively small, and how to improve the structure of this crime, such as the proposed increase in the penalty, the confiscation of property and other means of punishment, increase the crime rate, improve the legal provisions of the criminal law and the scientific nature of the crime。In the last part of the thesis analyze the crime in the judicial practice activities need to pay attention to the problem, focuses on the boundaries of the crime and non crime, this crime and the crime of major liability accident and liability accident crime in crime constitutes the main difference analysis, the behavior exist two hazard behavior (and not as) and only a crime the behavior on the implementation of punishment according to the crime。...