Study On Several Problems Of Major Liability Accident Crime

Scientific and technological progress and industrial production that quickly into an unprecedenteddangerous society, especially in the field of public safety production units and their managers if ignore theirduty of care, irresponsible and careless slack off, it could pose a serious threat to others and even socialpublic safety, leading to all kinds of major liability accident prone, weaving gruesome disaster, caused agreat deal of damage to the normal life of the people and the security of life and propertyseriously,seriously affect the social public order, production order and living order. Because of this, wehope that the law can be good to remind responsible units and responsible person with occupation standard,to comply with the requirements of the safety in production, improve the consciousness of their duty ofcare, try to avoid the happening of the tragedy. But disaster facts tell us countless times, tragedy or takingplace repeatedly in their slumber of duty of care. To dissect major responsibility accident crime this painfulsocial reality and face the serious harm of the crimes committed by units in such crime, it is necessary toadd unit crime subject to expand this kind of crime;in reference to foreign legislation cases and reasonableon the basis of absorbing the regulation of our country about the ban qualification punishment, expand theuse of fine punishment to make up for the disadvantages of this kind of crime subject of crime punishmentmeasures drab; through an analysis of the crime of subjective fault, this kind of crime subjective mentalityfor violation of safety standards belong to knowingly, for real harm results casualties occurred besides isnegligence may also be indirect intent, for the two different subjective sin, the author thinks that based onindirect intentional mentality of this kind of behavior should be set up crime of endangering public securitywith dangerous method. So you can properly handle the difficult problems of the unlikely to includeindirect intention of crime to major liability accident crime, and can be loyal to the legislative intent ofcriminal negligence, define the major liability accident crime’s subjective fault only for negligence; facesevere social situation of this crime, it is necessary to add involuntary dangerous crime in the major liabilityaccident crime, advance the penal punishment function properly, give full play to the criminal lawprotection, changes in criminal law pays attention to punishment but neglect prevention for a long time, inorder to timely wake up sleeping the main responsibility of duty of care, it’s not diverged with the austerityof criminal law, on the contrary, it is precisely to prevent the accident consequences for the most appropriate time, use the minimum penalty cost to maximize the social effect of prevention, to preventcrime deepens and protect the public safety of society. At the same time, constructive proposes reasonableconfiguration of statutory major liability accident crime to conform to the principle of suiting punishmentto crime, and give full play to the punishment of major liability accident punishing and preventing crime.