The Application And Legislation Of The Serious Accident Crime

Although the crime of major responsibility in our country has been developing and perfecting,but the expression of the crime 10 years ago can not meet the needs of the current judicial practice,although after several legislative amendments and judicial interpretation of the supplement,but the subject of this crime is still limited to natural persons Within the scope of the penalty is only to adjust the sentence of free sentences.In order to improve the crime,this paper,on the basis of summing up the research results of the predecessors,adopts the theory and practice method to combine the permitted risk theory and the Criminal Law Amendment(9)to try to make the crime more comprehensive analysis.This article is divided into introduction,text and conclusion.The text consists of three chapters.The first chapter is the logical starting point of this article First of all,the concept of this crime and legislation to do an overview.Secondly,combined with some problems encountered in the practice of judicial practice,this paper analyzes the main problems in the practice of this crime and the judicial interpretation.Section II,the first analysis of this crime "violation of safety regulations" applicable "provisions" of the many problems.Secondly,it explains the subjective aspects of the application of the crime of the crime,and points out that the current judicial practice needs to be further clear but no legal basis to put forward their own views and suggestions.Again,the views of the form of sin to distinguish between the views of their own views.Finally,the main elements of this crime combined with judicial practice analysis.The second chapter analyzes some of the problems in the judicature of this crime.First of all,this crime and the accident were divided,followed by the risk theory is allowed to analyze the distinction between this crime and technical accidents.Finally,this paper analyzes the differences between the crime and the crime of major labor safety accidents,the crime of dangerous goods and the crime of fire liability accident,and expounded the competition of the two crimes.The third chapter is the core of this article,put forward some feasible suggestions for perfecting this crime.First point out the defects of this crime.At present,this crime only regulates the crime of natural persons,ignoring the multiple of unit crime.Compared with foreign advanced legislation,the crime of major responsibility in China,whether it is criminal structure or sentence there are behind the problem of judicial practice.Second,combined with foreign advanced legislation and China ’s "Criminal Law Amendment(9)" on the crime of the subject of crime,statutory punishment and criminal structure to make recommendations.