The Analysis Of The Major Liability Accident Case Relating To Qi

So far,the crime of major liability accident has been changing constantly in the subject of crime and the field of occurrence.The occurrence of the accident shows a general trend,not limited to large-scale enterprises or special high-risk industries.This article takes the case of "The major liability accident relating to Qi" as the main line,focusing on the two controversial points about the qualification of peccant subject and the affirm of objective aspects,through the research of literature,the analysis of case and the comparative analysis to find problems and put forward ideas and suggestions.The criminal subjects about the crime of negligently causing a serious accident are complicated,the circumstances of crime are various,and the legal basis is unclear.In practice,we will face the following problems.First,the scope of criminal subject has gradually expanded and needs to be improved,and the thinking of determining the identity of administrators is formal.Seond,the related concepts of objective aspects are unclear,Specifically,the scope and limitation of "production and operation" and "Safety Management Regulations".thirdly,the judgment of causality,in which the effect of the accident investigation report as a criminal evidence is ambiguous.The manager’s risk foresight needs to be limited.In conclusion,the article combined the existing theory and practical experience to put forward the following suggesions.First,the manager in this crime should be the person who is responsible for the act of "production and operation".And the administrative authority should have a legal source,so as to judge whether the administrator is in breach of the corresponding obligations,and can not be generalized on the basis of the identity of the person responsible.In view of this part,it also puts forward the proposal of adding the unit subject,and lists the rationality and the realistic necessity.Secondly,"production and operation" is repetitive,continuous,stable and dangerous in nature,focusing on the scope of danger in the light of the theory of "public safety",where the "public" safety is focused on unspecified or majority persons.At the same time,we should judge whether it belongs to production and operation according to the business scope,the relationship between assistant behavior and operation,time and space.The main dispute of "Safety Management Regulations" is the acceptance or denial of customs and practices.This paper holds a positive view and discusses the value of its existence from the realistic necessity.Finally,the accident investigation has the efficacy of criminal evidence,but attention should be paid to the principle when it is applied.And then the possibility of risk foresight should be limited by the possibility of result avoidance,and pay attention to the role of the trust principle as a judgment tool.To sum up,this article is all the views and opinions for the major liability for the accident crime.