| Crime of Reliability of Major Accident has been being important subject for researching accidental crimes and is concerned and emphasized by circle of theory or practice. As for legal penalty of the crime, it is regarded as one of hot points concerning about negligent crimes. The Sixth Amendment of Criminal Law has elevated 15 years'imprisonment, however, not created vibration and response in circles of theory and practice. So we want to probe and research the constructing principle of legal penalty from three different aspects which are the base of constitution of legal penalty, effect of its body' factors on construction of legal penalty and comparing with other crimes'legal penalty.The First Session: the base of construction of legal penalty concerning about Crime of Reliability of Major AccidentThe dissertion will begin with the base of construction of legal penalty. We think that our nation'legislations sway from subjection to objection or compromise of the both and at the same time make us confusion in theory. The base of construction of legal penalty of objectivism is built on objective criminal conduct and result. The objectivists see a man as an abstract thing, overemphasize the reprisal against the said crimes, are lack of individual analysis against criminal'sin and ignorant of studying prisoners and special protection to them as to lurk crime. Subjectivism, however, highlights the inner-hearted evil of criminal, personal jeopardy on the base of sentences and disregards impact of sinner conduct and result in the course of sentences. The viewpoint of compromise contends that subjectivism mix up with objectivism each other.In some sense, the dissertion also adopt the viewpiont of compromise which will urge legislators comprehensively evaluate the factors such as objective disaster,subjective sin and personal dangerity during constructing legal penalty.The Second Session: the impact of self-body'factors of Crime of Reliability of Major Accident on constructing legal penaltyFor this part, we regard objective disaster as appearance of objective apect. The criminals of this crime firstly breach the regulations concerning about safety of production and exercise or force labors violate the rules to operate in jeopardy, then accident will become probable and even unvoidable. All these show that criminals disregard the safety of production and exercise, reflect their subjective inner evil and diseased attitude of personality.The Third Session: legal penalty of the crime comparing with the ones of their like crimesAs far as legislative institution is concerned, there are many major impacts on constructing legal penalty beyond various factors of self-body such as theory about jeopardy being permitted and depression of penalty even if the crime itslf is a decisive factor of constructing legal penalty.Conclusion: that legal penalty of crime of reliability of major accident has been elevated to 15 years imprisonment by legislation can not give us reasonable expression, does not benefit human rights and social protection and correspond the character of neglegent crimes about business. So we contend that this crime'legal penalty be kept in original condition or level. |
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