Study On The Criminal Liability Of Supervisory Negligence In Mining Accidents

For a long time,the mine accident to the state,the collective and the people's life and property security caused great damage,through the analysis of our country many mine accident report,learned that the mine accident in the criminal judicial predicament is in same areas and those responsible for supervision and fault reason of the accident of the huge differences between the penalty,lead to the judicial injustice,the field of legal loophole.The reason lies in that the theoretical and legal basis for ascertaining supervisory negligence liability is not yet perfect.In order to solve the problem of frequent mine accidents and inconsistent accountability after accidents,it is necessary to find the most accurate,the most fair,and the most suitable for the needs of economic society and the development of The Times.The investigation of criminal responsibility for supervisory negligence in mine accidents belongs to the scope of the theory of supervisory negligence.In determining criminal responsibility,the subject shall determine the responsible personnel of the responsible units and departments according to the causes of the mine accident,determine the scope of the responsible subject according to whether the daily work can directly affect the mine accident enterprise,and determine the proportion of the daily workload and the responsibilities to beperformed in the mine accident.In the aspect of behavior identification,a unified theoretical standard should be established in the field of mining accidents to predict the possibility of hazard results,and the contents that should be predicted should be expanded to all kinds,scales and levels of mining accidents that have been published by the state.We should stick to the viewpoint of objective theory of equivalent causal relationship in cognizance of causal relationship,which is helpful to correct the unfair phenomenon in judicial practice under uniform standard.In the judgment of the two causes of crime,the principle of permissible danger and reliance,it should be made clear that it can only be applied if the actor has not violated the corresponding duty of care.In judicial aspects can adopt a supervision negligence theory the judicial interpretation of such highly efficient way to guide the judicial practice,the judicial practice of coal mine accidents after the analysis of existing objective factors and human factors put forward the corresponding solutions,so that powerful blow mine accident negligence and the supervision of malfeasance crime,avoid the happening of coal mine accident,to ensure the safety of enterprise production and people's life and property.