Research On The Judicial Application Of The Crime Of Major Liability Accidents In The Field Of Construction Engineering

In recent years,production safety accidents of construction projects have not been reduced with the progress of economy and science and technology,on the contrary,the bad news of safety accidents has been transmitted frequently.All along,the field of construction engineering is a high incidence area of major liability accident crime,consulting the Chinese Judicial Documents Network,a large number of relevant personnel in the field of construction engineering were investigated for criminal responsibility.Careful study of jurisprudence shows that when the judicial organs determine that the persons involved constitute the crime of major liability accident,the reasons for the determination of this crime in this field are inadequate,the subject of responsibility is ambiguous,the objective elements are not accurately grasped and the causation is not in place.This paper intends to study the judicial application of the crime of major liability accidents which occurs frequently in the special field of construction projects,including the objective elements,the main elements,the subjective elements,the causal relationship and the application of sentencing,and distinguish the similar charges in order to provide a clearer way of judgment for dealing with this crime in judicial practice.There are four chapters in this paper besides the introduction.The introduction part mainly introduces the research background,research status,research significance,innovation and shortcomings.The first chapter is a brief overview of the crime of major liability accident in the field of construction engineering.The first section mainly introduces the amendment of the Sixth Amendment to the Criminal Law to the crime of major liability accidents,including the expansion of the scope of the subject,the adjustment of objective standards,the addition of the crime of compulsory illegal and risky operation;the second section mainly analyses the problems existing in the judicial determination of the crime of major liability accidents in the field of construction engineering,including the wide scope of the subject of responsibility,the special objective standards,the complex causal relationship and the work.It is easy to confuse two similar charges: the crime of major safety accident and the crime of major labor safety accident.The second chapter is the objective elements of the crime of major liability accident in the field of construction engineering.This paper mainly discusses in detail the identification of the objective behavior of the crime of major liability accident in the field of construction engineering and the difference between the crime and similarcharges.Including the cognizance of the business behavior of "production and operation",the cognizance of a wide range of safety norms of "violation of safety management regulations",and the difference between the crime of major safety accidents in engineering and the crime of major labor safety accidents in the objective elements,a more comprehensive analysis is made,and different situations are discussed.The third chapter is the subject and subjective elements of the crime of major liability accident in the field of construction engineering.This paper mainly discusses the identification of the three main bodies of the construction party,the construction party and the supervision party in the construction activities,and the subjective fault forms of the relevant responsible persons.Among them,the responsibilities of different subjects are analyzed emphatically,such as how to recover the responsibility for the major accidents caused by the construction of personnel who do not possess construction qualification who borrow other people's qualification,whether the harmful consequences caused by the common contractor's violation of safety management regulations can be identified as the responsibility subjects,etc.The definition of business negligence is also included,and the distinction between negligent negligence and overconfident negligence is introduced.?The fourth chapter is about the causality and sentencing of the crime of major liability accident in the field of construction engineering.This paper mainly analyses whether there exists causal relationship between the behavior of all parties in the field of construction engineering and the harmful result,which form of causal relationship belongs to,whether it plays a direct,main or indirect and secondary role in the accident,and whether the relevant result can be attributed to the responsible person,and distinguishes the general accident from the major accident and the self-imposed one.However,accidents and technical accidents as well as possible exemptions are briefly introduced.In the analysis of each element,the existing judicial precedents or safety incidents frequently occurring in the field of construction engineering are discussed.Finally,aiming at the identification of the general and special major casualty accidents and other serious consequences and especially bad circumstances of this crime in the field of construction engineering,the application of sentencing under different circumstances is discussed.