On The Defects And Improvements Of The Article Of Offense Of Major Labor Security Accent

This paper is studying on some questions on the article of offense of major labor security accent from the perspective of theory and practice. It studies the defects of the law and makes some relevant recommendations to improve.This article has three chapters:The first part of this paper is the summary. Recently, the offenses of major labor security accent of coal mine accidents have raised, especially aroused the attention of the entire society. Since 2004, the central government with unprecedented mine safety rectification of the environment, but the coal mine accidents, in particular, which are particularly important and serious violent have not been contained. Instead, the frequency and the number of deaths rose in a straight line. In China coal mines, there are more economic and social causes of the accident. Firstly, the super-safety capacity and security caused by the mining of coal production capacity of the direct cause of the frequent occurrence. Secondly, the cause of the accident-prone situation is severe illness in the coal mine development, but the author thinks the disregard of the safety of the vast number of miners is the most deep-seated reason, which hides in these incidents. Thirdly, government regulations also have some very important problems. Fourth, the "collusion between officials of coal" is the biggest obstacle to a mine safety management. These reasons are powerful legal tools that can be eliminated. Criminal punishment from the criminal behavior through regulation labor accidents occurred one is the criminal law that should not be ignorer's backing energy and social coordination function. However, such an amendment is not yet able to meet the needs of real life. Mechanisms for the protection of safe production, that is still insufficient do not completely make up for the defense in the past. Therefore, this paper will discuss the article of offense of major security accent and put forward sound proposals with a view to strengthen the illegal production of the coal mine production safety accidents and other major incidents intensity of the punishment, providing scientific theoretical guidance.The second part of this paper is about the shortcomings of the article. The production facilities are safety conditions that do not comply with the state requirements, thus causing major casualties or other serious consequences of the act. The crime is directly against the occupational safety of workers, and it is a violation of labor rights crimes. The performance objective of the safety conditions for safe production facilities do not meet state regulations, thus causing major casualties or other serious consequences. The specific performance includes that production facilities must be safe or safety conditions that do not comply with the state requirements. That the accident occurred is no longer confined to factories, mines, forestry enterprises and institutions. And it is no longer requiring some special conditions.The author believes that this statement of this crime has some shortcomings. Firstly, the omission of "working conditions do not meet the state regulations" constitutes a factor. Health and safety conditions should include labor conditions. Secondly, the main responsibility is inconsistent with the main crime. The major safety incident counts some of the provisions that are obviously the main unit. But the person of punishment is the object directly in charge and other personnel. This confirmation of the "Criminal Law" and the main responsibility of the relevant laws and regulations on production safety are not incompatible. Thirdly, the punishment of this crime is too light.The third part of this paper is about studying on the improvements of this article. The author believes that this article should be further amended to improve the current mechanism for the protection of the criminal law on production safety. The task is very urgent. Therefore, the author proposes following specific changes. Firstly, there should be "working conditions do not meet the state" elements to complement the legislation on the protection of labor rights of workers. This is a problem closely related to occupational diseases as a result of the establishment of this crime can be identified. Secondly, to avoid some of the units in violation of state regulations on labor safety and caused serious casualties or other serious consequences can be avoid imposing criminal penalties, it should be increased units as the mainstay of the circumstances of this crime. Thirdly, raising the range of stators punishment of this crime. Adding qualification penalty and property penalty. Meanwhile, the author also looks forward to when the conditions are ripe. The provisions of this crime will further improve the adoption of the following proposals. Firstly, to put this crime in the crime of endangering public safety system. Otherwise it will fail to highlight the uniqueness of such crimes against occupational safety and Labor law. Therefore, the author expects that when conditions are ripe, criminal legislation will introduce a category of offense which will be the major security incident, such as labor rights violations attributed to such crimes under the criminal reunification. Secondly, to establish the crime of criminal negligence pose serious danger and the punishment accordingly, that can play a bigger role in prevention. Thirdly, to learn from some foreign criminal law on the protection of labor rights in the security aspects of the offense. The author also discussed the recidivism of this crime.This paper studies on the article of the article of offense of major labor security accent, and proposes comprehensive proposals to increase the protection of safety in production and labor safety regulation, thus enhancing the protection of labor rights of the criminal law. Other hand, the studying was also noted that the criminal law for the protection of labor rights should not only be timely, effective, finally, and should adhere to the principle of necessity in theory limited issues and the need to be resolved. In an institutional arrangement to be more appropriate to refer to choose on the basis of national legislation model charge system and the penal system.