Study On Judicial Cognizance Of Crime Of Malfeasance In Mine Safety Production Supervision

Chinese law and judicial interpretation,administrative regulations and department regulations all stipulate the administrative responsibility and criminal responsibility of the supervision and supervision personnel of mine safety production to supervise dereliction of duty.The crime of dereliction of duty in the supervision of mine safety production refers to the fact that,in the course of fulfilling the supervision and control duties of mine safety production,the functionaries of the state organs violate the requirements of the supervision and control duties,seriously irresponsible,fail to perform or improperly perform the supervision duties,The act of causing a major mine accident or other serious consequences.The theoretical basis of this kind of crime is the theory of supervisory negligence in a narrow sense,and the essence of the theory is the theory of new fault.The judicial practice is not clear about the identification of the criminal subject of the crime of supervision and dereliction of duty in mine safety production,which is manifested in the unclear standard of performance of the criminal subject and the difficulty of identifying the responsible subject under the multi-level supervision;It is not clear that the subjective crime form of supervision blasphemy is not clear,which is manifested in that the subjective crime of supervision includes undesirability of"intention"and inaccurate understanding of the structure of supervision fault;In determining the causal relationship between the supervisor and the harm result,the particularity of the causal relationship of supervisory malfeasance crime and the confusion between"attribution"and"imputation"have not been recognized.The identification of the criminal subject of the crime of dereliction of duty in mine safety production supervision should be based on the functions and powers of the regulator to determine the standard of performing the responsibility of the criminal subject,and then combine the mine safety supervision system of our country.Determine the scope of the subject of crime from the horizontal and vertical dimensions,and accurately identify the subject of crime according to the relevant identification rules.To identify the subjective crime,it is necessary to make clear that the subjective crime form of the crime of supervision and dereliction of duty in mine safety production can only be negligence,not including intention.In determining the negligence of supervision,it mainly depends on whether the regulator has fulfilled the double duty of care,and uses the objective theory as the premise of judging the duty of care-the ability of the regulator to pay attention,and,It is necessary to use the principle of trust to limit the scope of supervisory negligence liability of regulators.The causal relationship of the crime of dereliction of duty in mine safety production supervision has its particularity.The objective imputation theory should be used to judge whether there is a causal relationship between the regulatory malfeasance and the harm caused by the direct actor,and whether the supervisor should be held responsible.