The Legislation For The Crime Of Major Liability Accidents Is Improved

The crime of major liability for accident has the characteristics of complexity,fluctuation and serious social harm.Although the criminal law amendment(six)has made major amendments to the crime,the application of the crime is inevitably lagging behind.This article tries to analyze the painful social reality of the crime of serious liability accident,and on the basis of drawing lessons from some special provisions of foreign countries,rationally absorbing the judicial interpretation and the legal rules and regulations of dealing with the safety of production safety in our country,in order to enlarge the proper use of the fine penalty to make up the single crime,increase the economic cost of the penalty and restrain the economic cost,and have 'the pertinent deprivation.The possibility of repeated offense;on the basis of common negligence crime,on the basis of business negligence and management negligence,aggravate the punishment of the crime and urge the subject to fulfill the state's decrees,customary or orderly duty of attention;fully recognize the social harmfulness of the unit crime,add the unit crime to expand the criminal subject,and finally adapt to the crime and make full use of the crime.We should use the criminal law to punish and prevent major accidents.The introduction part mainly puts forward the basic ideas,research methods and research trends at home and abroad.The first part is the introduction of the crime of major accidents.This part mainly discusses the various legislative processes and specific provisions of the crime of major responsibility in different special historical periods,and analyzes some cases,summarizes the cases of the crime,sums up the case situation of the crime,and compares the shortcomings of the legal interests and the function of the criminal law through the comparison of the value of the accident in the different legal order.The second part introduces the main body limitation and legislative perfection of the crime of major accident.The existing prescribed behavior subject is only natural person,without unit crime,it appears to be deficient.Through the discussion of the feasibility and necessity of increasing the crime of the crime unit,it is considered that the unit crime should be increased and the double penalty system should be adopted.The third part introduces the limitation and legislative perfection of causation of major accident liability.By explaining the way of behavior and the result of harm,we should pay attention to the consideration of time.The causality mainly considers the three aspects of negligence,inaction and commonality.It analyzes the accident cases specifically and discusses the influence and difficulties of the intervention of dangerous behavior on the causality.It is suggested that the prompting terms should be added.The fourth part introduces the limitation and thinking of liability form of major accident liability.The theory of 3 forms of responsibility for this crime is summarized.In the theory of negligent crime,the general negligence and business negligence and the duty of attention of the two parties are analyzed.The administrators of the theory of Supervision Negligence should also undertake the responsibility of consequence,and consider the duty of attention and supervision and supervision in the special field of safety production to meet the criminal policy needs of mercy.The fifth part introduces the limitation and legislative perfection of penalty for major accident liability.This paper briefly introduces the penalty allocation of the negligent crime,and draws a conclusion that there are some problems in the penalty allocation,such as the legal punishment species and the weak penalty intensity,and some suggestions are put forward to improve the penalty allocation.