| China’s coal industry development, the incidence of mine accidents have also increased. Mine accidents often cause heavy casualties and property losses, which makes accidents become the focus of attention. Thus, the problem of responsibility accident responsibility have been attached great importance to social and legal circles. According to the judicial practice in our country, to mine the person responsible for the accident often punished for criminal negligence, but only convicted and punished for criminal negligence can reach the penalty when incrimination has continued to be queried by people and society regarding the severe punishment of the voice of the mine accident responsibility person is also growing. Therefore, the need for mine accident responsibility conviction and sentencing issues for further consideration, to comply with the requirements of the times. In this paper. With the help of a real case of Pingdingshan City, Henan Province, of mine accidents, people pursue the issue discussed, in-depth study of "crime of major liability accident and dangerous to approach the harm public security crime of practice".The full text is divided into four parts, a total of about 20000 words.The first part: the basic situation of the case. The introduction of the case, including the cause of the disagreement and controversy of four parts. Introduced the case of the case, the statement of the case in the case of different views, sort out the focus of controversy in this case.The second part: the legal analysis of the related problems. This part mainly on the crime of the crime of major liability accident and dangerous to approach the harm public security sub sector "," mine practice of mine, subjective point of view finds "," crime of endangering public security in a dangerous way other dangerous means of identification "," mine accidents in the practice of mine, the implementation of the positive behavior is other dangerous means "discusses the laws, and to clarify its position.The third part: the analysis and conclusion of the case. This part is mainly based on the analysis of the above legal, on issues related to draw conclusions: the defendant Lee, Han et al. Subjective belongs to indirect intention, so don’t conform to the subjective aspect of the crime of major liability accident elements. Human behavior in violation of the provisions of the ordered a large number of miners wells made miners in a dangerous state, and carried out a series of actively undermine safety and protection measures of behavior makes the gas alarm device can not be normal early warning, certain extent increases the possibility of serious personal casualty accidents happened, can be identified as other dangerous means. Therefore, Lee, Han and others should constitute the crime of endangering public safety with dangerous method.The fourth part: the Enlightenment of the case study. This part is mainly explores the roots of the mine accident responsibility person to pursue the issue of, measures, and treatment in the future similar cases of inspiration and guiding significance. |
