Research On The Crime Of Major Liability Accident

Major liability accident crime is a common negligent crime in China.It not only endangers the lives and health of the people,but also causes great losses to the state,collective and civil property.To a certain extent,it hinders the normal development of market economy,and also affects social stability.Article 134 of the Criminal Law of our country stipulates:"Those who violate the provisions on safety management in production and operation and thus cause serious casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;if the circumstances are particularly bad,they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.”In December 2015,the Interpretation of the Supreme People's Court and the Supreme People's Curatorial on Several Questions Concerning the Application of Law in Criminal Cases against Production Safety was promulgated and implemented,which played an active role in the better application of this crime injudicial practice.In recent years,with the rapid development of social economy and the continuous improvement of industry and information technology in China,more and more human resources and new industrial technologies have been put into use.The situation of production and operation is complex and changeable.Companies and other units play an important role in production and operation.Some new problems emerge in an endless stream in society,and the challenges faced by the crime of major liability accidents are gradually increasing.Strong,especially in recent years,many cases of safety production liability accidents which caused huge casualties and economic losses have been reported frequently,which has aroused widespread concern of the public and the criminal law academia,and new thoughts have been put forward on the subject of crime and sentencing of this crime.The crime of major liability accident does not set up the unit as the subject of crime,so it is difficult to adjust the responsibility of the unit in the safety production accident.Objectively,it seems too general to determine whether the defendant violates the relevant provisions of safety management,which is not conducive to the judgment of the judiciary and the confession of the defendant,and easy to cause objections.In terms of penalty discretion,the penalty of this crime is only criminal detention and fixed-term imprisonment,and the maximum term of imprisonment is seven years.It is difficult to achieve the corresponding penalty effect in cases of death consequences of dozens of people or economic loss consequences of hundreds of millions of yuan or more.At the same time,the range of penalty is too intensive and the effect of sentencing is not good.In addition,there is no penalty for the crime of taking the harmful consequences of economic losses as one of the circumstances of imprisonment,and there is no corresponding penalty measures.Starting from the basic theory of criminal law and combining with typical cases in practice,this paper studies and analyses the legislative development,constituent elements and existing problems of the crime of major liability accident,and puts forward the author's views and corresponding countermeasures.The article mainly divides into the frontier and the main body.The preface is a summary of this article.It mainly talks about the research background,significance and methods of this crime.The text is divided into three parts:The first part is the subject of this crime.Mainly the absence of the current provisions,the thinking caused by relevant cases and the opinions and basis of adding units as the subject of crime;the second part is the objective aspect of the crime.The third part is about the penalty of this crime.The main problems are the types of penalties,the consideration of typical cases,the appropriate upgrading of the penalty system and the allocation of fines.Through the study of the crime of major liability accidents,this paper hopes to play a positive and useful reference for the handling of relevant cases,provide some reference for the further legislative improvement of this crime,and play the role of the criminal law as a guardian and escort for the healthy development of the market economy.