Study On Crime Governance Of Major Engineering Safety Accidents

As a prominent crime in the field of construction engineering,the crime of major engineering safety accidents is accompanied by its characteristics of typicality,prominence and high incidence,and the practical significance of the crime is extremely prominent.China’s Criminal Law stipulates the crime of major safety accidents in engineering in 137,which is used to regulate major safety accidents caused by quality problems in the field of construction projects,the purpose of which is to reduce the occurrence of major safety accidents in projects,further standardize the standards for the construction of engineering projects,and control the safety and quality of engineering projects in the construction field,so as to look forward to effectively controlling the crime of major safety accidents in projects.In the path of curing this crime,we must first explore countermeasures based on the main characteristics and causes of major engineering safety accident crimes.At present,on the whole,the criminal means of major engineering safety accident crimes are more concentrated and show strong harm,but the punishment imposed on the offender is relatively light.From a specific point of view,in terms of the inherent characteristics of crime,the criminal subjects involved in major engineering safety accident crimes are specific,the degree of education of criminals is generally low,and the perpetrators are mainly concentrated in construction units.Through research and analysis,there are deficiencies at the legislative level,the proportion of profits and risks of crime is disparate,and the imbalance in the power allocation of the construction market supervision is its external reason;the criminal subject is driven by high profits,and the lack of qualifications of the relevant subjects and the lack of legal and moral awareness of the offender are its internal reasons.At present,the state has introduced relatively complete legal provisions and supporting systems,according to the characteristics of the Criminal Law of our country in the setting of the crime,the standard of guilt is high,the application of criminal punishment is single,the closedness is strong,and there are defects in the identification of the subject.Therefore,on the basis of improving the legislation in the field of construction,effective governance measures should be explored in combination with the unique nature of the establishment of the crime and the causes of the crime.Governance measures at the macro level include improving relevant legislation,increasing the criminal cost of major safety accident crimes,and implementing multi-dimensional supervision of the construction market;from the micro level,including deepening the awareness of perpetrators of illegal acts,establishing a strict construction market access system,and improving the moral awareness and legal concept of relevant personnel.Therefore,for the governance of this crime,from the perspective of society,it is necessary to shift from the "extensive type" of criminological governance to the "fine type" in the past,and tighten the legal network to better combat the criminal acts of major engineering safety accidents.In terms of the goal of dealing with the crime,it is necessary to change from "unrealistic" to "down-to-earth",control the "high incidence" of the crime to a reasonable range,and promote gradual crime management.In the concept of governance,it is necessary to give full play to the crime prevention function of the criminal law,and will transform from the traditional severe punishment and suppression to crime prevention.However,based on the relatively light degree of punishment for the crime of major safety accidents in China’s legislation,the treatment of this crime should also guide,educate,and punish the perpetrator,and reduce the expected value of the perpetrator’s escape from the crime.In terms of the means of governance of this crime,it is necessary to promote diversified governance,coordinate social governance,market supervision,etc.,and must change from the previous "government functional departments to do the work" to "fully integrate all available forces" and jointly make decisions on governance.