The Study Of Criminal Issue In Engineering Serious Safety Accident

China's "Criminal Law" for the "crime of works of major accidents," the elements of the relative provisions in general terms, and with charges related to the edge between not quite sure, quite a lot of academic debate, the judiciary, in practice, often Confusing experience. In view of this, I try to focus for judicial practice, focusing on the works of major accidents constitute the crime of crimes, as defined in charges related to explore the issue, look forward to the theoretical study and practice of judicial benefits.In the first part, First of all, on the works of China's major security incidents of crime legislation evolution in the ancient Chinese law, there is illegal and not made Xing Xing-made law, construction law as crimes. In 1979 the People's Republic of the Criminal Code does not provide for such criminal offenses, but the relevant construction projects in the field of major security incidents of criminal behavior to be known as the major responsibility for the accident or crime of the crime of dereliction of duty. Engineering major safety accident crime in 1997 is the new Criminal Code charges. Since the Supreme People's Court and the Supreme People's Procuratorate in December 1997, respectively, which provides that the crime will be identified as a major safety accident crime of the project, taking into account the judicial practice and theory of the follow-up study, this paper works to major security incidents carried out the crime of the title Discussion.Secondly, with other jurisdictions to compare the relevant legislation, pointing out that their differences.Finally, each of the "project" and "engineering major security incident" carried out analysis, "safety incident" is one of the many types of accidents in one such incident and that can only be a result of certain projects do not meet quality standards and Have a responsibility for the accident, it is a "work safety accidents," the core elements; "safety incidents" For this crime, it is also necessary to have the level of the external characteristics, that is, as a result of the quality of the project do not meet the relevant standards At the same time have a Accidents also need to be consistent with wider ramifications, have a greater impact, causing serious losses and other factors can be referred to as the so-called "significant." ; With the so-called "major" external features, for the same crime of this is of great significance. In judicial practice, the department has regulations as to define "significant" legal standards, is clearly wrong, the legislature has the right to be unified.In the second part, works for major security accidents constitute a crime carried out on that.First of all, the project pointed out that the major security incident is the object of the crime of "public safety", that is not specific or of the majority of the life, health, safety and property. In addition to endanger "public safety", this is also the crime of violation of the state's construction quality supervision and management system. As a result, only this, the object of this crime is a complex object. In addition, construction activity may be the object of the violations, including a two-fold: the first is the "public safety" and the second is "undermining economic order," For our country, should be to "destroy the socialist market economic order." China's criminal law only "public safety" point of view it is not enough to provide for, it should be from the "destruction of the economic order" to carry out the provisions of the point of view. Otherwise, the result of a legal system construction quality gap, the legislature proposed to be improved.Second, In regard to the objective of the crime of violation of state regulations for the performance and lower engineering quality standards, resulting in major accidents.Whether or not "in violation of state regulations" to carry out the evaluation of the criminal law sense, it must be "lower quality standards" and other factors to consider. The author believes that this approach is a need to adapt to the judicial practice of expediency, in order to fundamentally solve this problem, the best way or should be by the national authorities have the right to apply to the development of the national unity of the legal norms. For different projects implemented by the main works to reduce the quality standards of conduct should be in the works in accordance with its specific situation to determine its safety engineering major incidents should commit itself to legal liability. Various projects such as construction of the main unit, survey and design unit, construction, engineering and construction supervision units of the quality of supervision and management departments, mainly in violation of the State Council, "the quality of construction regulations" with the relevant provisions. Depending on the subject were summed up its "violation of the provisions of the State" and "lower quality standards," the performance of specific acts.Third, work on major security incidents of the main crime, this crime is a crime units, two of the main crime, that is the main unit and the main person responsible for direct, specific to this crime, it is construction units, design, construction, Project Management units and individuals directly responsible.Finally, the analysis of the works of major accidents subjective aspects of the crime of the existence of three possible states: First, the main crimes related to violations of state regulations, reduce the quality standard on the subjective direct intentional, and works for the occurrence of major accidents are the result of Belonging to the indirect intentional; The second is connected to the main crime of violation of state regulations, reduce the quality of the works belonging to a subjective standard fault, which occurred in the engineering of major accidents can not predict the outcome; The third is related directly to the main crime of intentional violation of state regulations, reduce the quality of the project Standard and wish to see the works of major accidents.In the third part of the project focusing on major security incidents of crime that started to explore the judiciary.First of all, investigate the crimes identified in this. Crimes related to the main unit, as well as the main person involved with the crime does not constitute the crime situation different from the illegal building work, as well as other units do not have the appropriate legal conditions related to the unit should become the main body of this crime. For the implementation of projects of general contracting and construction units, the relevant provisions of China's clearly not enough, it should be further clarified, the total general contractors and sub-units may be the subject of this crime. Of course, is to be noted that the unauthorized building of illegal units in the sub-projects with a total sub-contractors on the project should not be held liable. For this crime directly responsible for the determination of the main staff, pointed out that the construction of the units should be directly responsible design, construction, supervision of the unit directly responsible to distinguish between different circumstances; project will be of major accidents and natural disasters, technological limitations, such as the destruction of human connection The main body of this crime can not be foreseen or be able to meet but could not resist the non-distinction between the crime situation; have to distinguish between accidents and major engineering projects in general the limits of safety incidents, major accidents and the distinction between the general standard of safety incidents is a major loss of property and personnel The number of casualties indicators suggest that the legislature should be clear criteria as soon as possible in order to eliminate the controversy.Second, with the production of this crime, the crime of operating safety accidents, production facilities, conditions of safety incidents, as well as the crime of educational facilities of major accidents such as the crime of crimes, he analyzed.Finally, for this criminal offense that, because of security engineering major accidents often involve more than the main responsibility of the relevant officers directly responsible for the acts of the accident, the role is not exactly the same size, and so in Pursue the crime of criminal responsibility should be to distinguish the primary responsibility and the responsibility of secondary importance, in order to determine the guilt of the officers directly responsible for large and small. In addition, this crime should be made as the three conditions for surrender.The fourth part of the project is on the major security incidents of crime legislation to improve thinking.First of all, this increase should be made of the crime of natural persons and organizations together for the main crime, but also should "investigation unit" and "Project Quality Supervision Station" and "plans to review construction units," added the crime of the main add-centered The main crime.Secondly, should be "sufficient to cause significant risk of safety incidents" may also constitute crimes.Finally, should put an additional unit of the criminal fine, to establish the crime of the dual-penalty system.