Study On The Imputation Of Significant Public Safety Accidents In China

Recently,under the rapid development of industry and economy,it is more effective for us to transform the world.While,the rapid development has also brought more and more significant public safety incidents,which lead to the heavy property loss and personal injury.These significant public safety incidents have deeply affected the normal development of society and the happiness of people's life.The imputation of significant public safety incidents have become serious problems that need to be solved urgently.According to analysis the subjects and types of he four typical cases,we could find a more reasonable way to judge responsibility of the significant public safety incidents and put forward relevant suggestions.This thesis consists of five parts:The first part includes the introduction and chapter ?,which introduce four typical cases and define the relevant concepts to ensure the scope of thesis.By analyzing the elements of imputation,we comb out the main line of the article.The second part(chapter ?)identify responsible for someone in the cases.Who should bear responsibility in the Jiaoji Railway accident except railway workers?Which department of Ministry of Railways should be responsible for Wenzhou train collision?What did the captain of Oriental Star do?Besides Ruihai company,which one should undertake the due obligations in Tianjin port explosion?The third part of this article(chapter ?)analysis the typical responsibility in the significant public safety accidents.Nowadays,the wind of the accountability is blowing.This paper describes the puzzle problems of administrative accountability with the cases and specification documents.In traditional legal responsibility,criminal imputation should strictly follow the legal principle of criminal punishment.From the perspective of supervisory negligence,the officials with regulatory responsibilities should be pleaded guilty to official misconduct.To make clear that Tort Liability Law is the basis for identifying civil liability.The fourth part of this article(chapter ?)make some suggestions to the previous section correspondingly:Firstly,to unify the standards of accountability for officials.Optimizing the environment of accountability,which include constructing the accountability culture,opening government affairs,and perfecting the return mechanism of the officials who have been accountability.In the meantime,managing the relationship between the law of the state and the Party discipline in the context of Administrative Supervision System Reform.Secondly,in the process of the judgment of criminal responsibility,ensuring the new theory of negligence is legal basis of the theory of supervisory negligence.In order to prevent the over-expansion of the theory of supervisory negligence,the supervisor is not responsible for the following four aspects:the supervisor has no offense;the supervisor has no duty of supervision;the supervisor have done the necessary duty of care;the supervisor applies the principle of trustworthiness.Finally,facing the problem of significant public safety accidents in the civil compensation,we can take some measures,such as extending liability insurance system;seeking diversified relief ways,and introducing punitive compensation mechanism.At the last part,the article discusses the redistribution of notice obligation in the theory of Risk-Society,which is closely related to the researching topic.According to the purpose of the protection of criminal law,the thesis point that advancing the protection of legal interests will make the determination of criminal responsibility further complicated.