Analysis Of Issues On The Crime Of Negligently Causing Serious Accident

Recently Chinese government is paying more and more attention on the sanction to crimes in the field of safety production, within which negligently causing serious accident crime is one of the most conventional crimes. On the day of June 29th,2006, for meeting the requirements of social development, "the Sixth Criminal Law Amendment of People's Republic of China" was approved, which specifically amended the related contents about negligently causing serious accident crime. This amendment not only resolved the problem that the scope of crime subject is too narrow during the long-lasting justice practice, but also reasonably resolved the problem that the punishment to those criminals with certain safety responsibilities is somehow too slight, which provides the law guarantee to incline the occurrence of negligently causing serious accident crimes.Though it has made great progress on the legislation of negligently causing serious accident crime, disadvantages exist, including the narrow scope of crime subjects (only limited to natures), much more single crime settings (more are punishments against freedom), un-reasonable crime configuration, etc. therefore, this article is to recommend to extend the scope of negligently causing serious accident crime subject from single to party, and enhance relative punishment. Meanwhile it is also recommended to add negligence status and pecuniary penalty to negligently causing serious accident crime, and strictly control the application of probation during the justice of practice.The research in this article will further perfect the research contents of the national crime law theory, form a systematic theory of negligently causing serious accident crime, provide suggestions and references to the reform of crime legislation and justice, and further perfect the theory and practice of Science Development Ideal.