Research On The Crime Of Failing To Report Or Making Up To Report Safety Accidents

In recent years, safety accidents frequently occur, serious harm to people's lives safety and property safety. What is even more frustrating is that the responsible people failed to report or makeup to the accident conditions, bungled rescue incidents, made the casualties could have been avoided expansion of property losses, social impact were very negative. In view of this, The Sixth Amendment of Criminal Law set up such behaviors for the new crime, such crimes have increased the intensity of punishment. Since this is a new count of the crime, there are many issues worth discussing, and the author elaborates from the theory and practice of perspective on these issues were also discussed.The first part of this paper is analyzed mainly for the legislative background of crime that failing to report and makeup to report safety accidents, aims at showing legislative spirit and the necessaries of crime installation. In this paper, the necessaries of setting up failing to report and makeup to report safety accidents as a new crime have two reasons. first, the reality of pressing need. Safety accidents especially mine production safety accidents frequently occur, test the government's social management capacity. To fundamentally reduce such conduct that don't report or lie report the accident conditions, the rule of law is key to the involvement of the Penal Code is an important legal channel. Second, the system of criminal laws and regulations relative deficiency, although relevant laws and regulations explicitly prohibit this long ago and given harsh punishment, but the criminal law has not been a corresponding convergence with the count, making for this kind of behavior punish to become criminal law leave empty pawn with blind angle. People-oriented, harmonious development of the concept of governance is no doubt the goal that legislators will be pursued, human life is precisely the importance of the meaning of justice, people who have reporting responsibilities do not report or lie about the accident condition, set the injured staff disregard for the lives of indifference, and neglect of the law, it is a tremendous damage to the harmonious society. Therefore, The Sixth Amendment of Criminal Law timely add of this crime to improve the criminal law, the legislators also reflects the pursuit of justice, harmony, people-oriented person's life to the value of the spirit of the legislation.The second part have discussed mainly about the subjective culpability of this crime. According to scholars, it is for the dispute of this crime subjective culpability, the author first introduced the traditional definition of culpability standard that they are Result standard, Behavior standard theory, Double standard theory and the newest theories that Mixed culpability theory, Strict liability theory, Compounding culpability theory, The major culpability theory, The exceeded objective elements theory and Legal stipulation theory, this paper shows that the position of adhering to result standard. This views that he psychological attitude of perpetrators in this crime against the harm results bungled rescue incidents and circumstance of aggravation is the subjective culpability of this crime. According to the two high judicial interpretations of bungled rescue incidents and circumstance of aggravation, the perpetrator has indirect intent to cause of the accident consequences of this situation by expanding. The behavior person who does not announce and lie about safety accidents condition has foreseen the possibility that harm result would occur, it is intentional suitable on awareness of factors. See from will factor, for indirect intentional, the result of society harm that behavior person lets pass is not naturally happened, it is artificial cause. Behavior person disregarding harm result occurs, insisting on the implementation of non-reporting or misrepresentation of the accident, sufficient indicative of the tendency of the people's will. The second situation caused the accident can not be started timely and effective rescue the circumstances of the crime of the configuration, the perpetrator of the act would be aware that he caused the accident bungled rescue the results are still not reported or intentional misrepresentation of the incident, he still undermine and obstruct the relevant departments to carry out effective rescue efforts, so his laissez-faire attitude at a glance. The perpetrator not only did not perform timely and accurately report to the duties, but also implement the above behaviors to set up obstacles so that rescue personnel can't formulate proper rescue program,greatly increase the difficulty of accident investigation and rescue, make relevant departments could not carry out timely and effective rescue incidents, deliberately mentality is all too clear. Thus this paper eventually reaches the conclusion that the subjective culpability of this crime is intention-formed design, and give a detailed demonstration.The third part is mainly analyzed about the objective aspect of this crime. Because of this crime set up a prerequisite that is safety accident have occurred, it is necessary to determine clearly for the scope of safe occurred. Therefore, the authors first discuss the scope of security incidents, as well as the time factor of this crime, some scholars advocate that according to Article 133 of the Penal Code provisions, the traffic accident belongs to this type of safety accidents, l think this view can not be established and gives the reasons. On this basis, the author analyzed the behavior ways of this crime, it includes do not report accident condition, delay time not prompt report accident condition,fail to report accident condition and lie to report accident condition. At the same time after having made thorough thought for the behavior nature of this crime, the author does not approve some scholars'view that the behavior of making up to report is positive act, according to theory of criminal about the essential difference between positive act and negative act, I think that making up to report and fail to report are both negative act, behavior person did not perform the obligations that required by Safety Production Law and other laws, in violation of the order of the legal norms, making up to report is still negative act. In evaluating the legislative intent of this crime and on the basis of practice, the author believes that adversely affect the accident rescue refers to failing to timely and effective in the accident rescue, so that expand the consequences of accident that could have been avoided or increase the accident rescue costs and increase the difficulty of the accident rescue. On the serious cases that it could refer to the specific provisions of the Supreme Judicial Interpretation for mine production safety in criminal cases.The part of 4th is major to have discussed the several legal applications about quantity and accomplice of this crime. The perpetrator first implement sub-chapter II accidents other criminal acts of the Penal Code, then he subsequently do not report or lie to report accident condition, causing serious results, and the implementation of covered up incidents of false security, I believe that this is not a situation of the subsequent conduct of impunity. Because of the acts of state committed to the completion of the premise, but great responsibility accident crime are fault crime, simply lacked the completion and attempt, and therefore do not constitute state crime, so non-punishable subsequent conduct can not be established. Therefore, if the perpetrator's first major accidents constituted the crime of criminal responsibilities for the accident, there was no follow-up, misrepresentation, and conduct a safety accidents and not report the crime of safety accidents, combined punishment should be the principle to deal with them. According to the Criminal Code of complicity with the two high judicial interpretations in the mine safety accident crimes, people who abet or assist with behavior person not to perform reporting duties, bungled rescue incidents, according to criminal law, the instigators who helped the organizers and active participants are regarded as accomplice.