Research On The Related Problems Of The Crime Of Major Liability Accident

Since the People’s Republic of China Criminal Law revised in 1963 to make provision for the first time, earth-shaking changes in criminal major accident occurred in the penal system, then in judicial investigators have an important legal basis for dealing with similar cases, in today’s society endangering public safety more cases of major accidents occur frequently, with the main market economy complicates this crime along with showing new features and form, for reasons which are rendered complex, in such a grim situation under bound to be on the subject of crime of this crime severe blow to criminals deterrent force, in order to prevent and control the incidence of major accidents and mitigate the resulting loss, so the analysis of crime of this crime constitutes also a study of this crime important issues. Only in-depth analysis of the constituent elements of this crime offense characteristics to identify the root causes frequent occurrence of such events, and can be distinguished in the judicial practice in this crime and similar charges, resulting in judicial investigators correctly identified this crime. It has been in the process of criminal major accident there in both legal theory and judicial practice of conflict and controversy, and the "People’s Republic of China Criminal Law Amendment (f)" in all aspects of this crime have made varying degrees of modification, this article the main subject discussed on the existence of the dispute, including the subject of crime is an ordinary crime or a special crime unit can become the subject of the crime, supervision and engineering supervision units shall as engineering major safety accident crime or the crime, and widespread whether dormant shareholders should be included in the body of the crime; the object of controversy focuses on the differences between this crime and similar charges; on the subjective aspect focuses on the sins of several theories exist today that can only be subjective aspect of this crime is negligence, as application of compound guilty formal theory does not fit the crime; on the objective aspect focuses on the spatial and temporal factors of production and operations, analysis of energy into productive activities in this area, the scope of the relevant safety regulations, the principal objects and actions compel behavior. Because of the benefits or reduce the economic interests of the industry and production operations inherent risk, the staff even then caution will be some accidents at work, which requires effective treatment, both prior behavior people have clear guidance, but also to effectively punish the crime body and weaken its ability to recidivism, but also on society has an effective educational role, the study an effective mechanism to curb such incidents, as well as to explore the prevention and punishment of crimes of this type of criminal law pressing method, which requires the perfect setting for this crime penalties.