| In recent years, sever security accidents frequently arise in China, especially the colliery industry, of which serious posture exists. To protect the secure of producing and managing more efficiently, and to punish those who produce and manage with insecure elements, the Amendatory Act 6 makes amendments in this field. However, a imprecisely prescription would cause a inaccurately applying. So it is necessary to discuss and analyze the harmful actives, subjective conditions and substantial element of this prosecution, and through the comparative study on the offence form of Negligently Causing Serious Accident Crime in foreign Criminal Laws and the doctrine dispute in Chinese Criminal Law theory field , this article advances that the offence form of Negligently Caus2ing Serious Accident Crime in Chinese Criminal Law is can but negligence , not indirect intention and complex offense.This article rests on the criminal law basic theory, in studied the foreign correlation significant accident caused by negligence to setup the legal regulation and emphatically to study in the previous hundred safety responsibility accident case foundation which the our country nearly ten years occurred, to the significant labor safety accident crime constitution characteristic, in the subjective aspect surveillance error theory as well as the trial practice hard problem and so on carried on the discussion, and proposed to the mine safe legislation improvement opinion, to correctly recognized, punished this new form crime. Key words: accident of mine disaster harmful actives; subjective conditions;... |
