The Characteristics, Causes And Countermeasures Of Crimes Of Dereliction Involved In Production Safety Accidents

In recent years, the Chinese government is solving the problem of production safety on accident-prone areas by taking various measures. Since 2005, the number of production safety accidents has been declined, but there are still occurrences of major production safety accidents, which have heavy casualties, cause huge economic losses and make bad influence on society, which highlights the fact the situation of China's production safety is still very grim. When production safety accidents happen, there are manifold factors, including illegal operations of production firms and the poor supervision of administrative personnel who bear the responsibility of production safety supervision and management. The crimes of dereliction of duty involved in production safety accidents is that administrative personnel who bear the responsibility of production safety supervision and management ignore their duty, abuse their power, play favoritism, commit irregularities and don't act or act disorderly, doing serious harm to society, which should be punished according to Chinese Criminal Law. The article analyzes the causes of dereliction of duty and then comes up with strategies for dealing with the problem of the dereliction of duty in production safety area, hoping which is beneficial to curb the dereliction of duty in the field of production security and reduce the number of production safety accidents from the perspective of the present situation of the dereliction of duty involved in production safety accidents.There are about twenty-five thousand characters in the article, which is divided into four parts except the introduction.The first part explains the concept of production safety accidents, summarizes the main characteristics, and analyzes the relevant category of production safety accidents briefly. The last of the part focuses on the division level of the accident occurring in “production safety accident report and investigation regulations” to make comparison with the regulation of relevant judicial interpretation in the following analysis of issues about criminal law. By clarifying issues related to production safety accidents, this part paves the way for the following analysis of the crimes of dereliction of duty involved in production safety accidents.The second part describes the general situation of the crimes of dereliction of duty involved in production safety accidents and then elaborates the current status through the relevant data in the field of the crimes of dereliction of duty involved in production safety accidents in the past five years, which is conducted by investigating and prosecuting apparatus nationwide in the past five years. The part also makes a list of the main crimes of dereliction of duty involved in production safety accidents combined ten typical cases for 2014, concludes the characteristics of crimes of dereliction of duty involved in production safety accident, and expounds the great social jeopardy of crimes of dereliction of duty involved in production safety accident illustrated with specific cases.The third part dissects the causes of crimes of dereliction of duty involved in production safety accidents rise, from the perspective of the poor quality of administrative personnel in charge of production safety, the unsound system of administrative law enforcement in charge of production safety and ineffective punishment about crimes of dereliction of duty involved in production safety accidents. The focal point is the third reason, which is refined by the lighter criminal liability, the flaw of criminal legislation in crimes of dereliction, and the existing problems about the mechanism of investigating and prosecuting apparatus interference with production safety accidents.The fourth part put forwards some targeted measures directing at crimes of dereliction of duty involved in production safety accidents, depending on the causes of crimes of dereliction of duty involved in production safety accidents; the targeted measures are strengthening building of labor force of administrative law enforcement, establishing scientific system of administrative law enforcement in charge of production safety and increasing the efforts to crack down crimes of dereliction of duty involved in production safety accidents.