| After the Wenchuan earthquake,a large number of houses were razed overnight and numerous casualties were caused.At the same time,a large number of collapsed houses,casualties and property losses also triggered a series of legal problems.In the face of a huge natural disaster,the hidden quality problems in the houses were exposed.Did anyone need to be held criminally liable? Did anyone need to make any compensation? And how to solve the problems caused by housing quality defects?To this end,the reporters of Chengdu Daily conducted an exlusive interview with three famous criminal law experts in China on the above problems.The three experts believed that we could not investigate the liability of the persons directly responsible.The main reason is that we can not be accurately identified whether causes of a major safety accident in engineering is the earthquake intervention or quality problems.Therefore,to prosecute the directly responsible personnel for criminal liability,the judicial organs will inevitably have to solve the causal relationship of criminal law first.On this basis,they can continue to recognize the problems of criminal liability in the light of the relevant provisions of the engineering major safety accident crime.In summary,the research on the criminal liability of engineering major safety accidents under the seismic intervention factor can not be separated from the following aspects: the criminal causality;the engineering major safety accident crime,and the criminal liability.More specifically,this article is divided into five parts:The first part is the introduction.This part is divided into three sections.The first section mainly introduces the difficulties of the claiming responsibility in the engineering major safety accident in the case of the seismic intervention factor coexisting with quality problems,and puts forward the judicial practice significance caused by the solutions to the above problem;The second section introduces the status quo of the criminal causality and criminal responsibility research,and reveals the shortcomings in the research on the criminal liability of engineering major safety accident under the seismic intervention factor;The third section introduces the methods of literature research and case analysis.The second part is the relationship theory.This part is divided into three sections.The first section mainly narrates and comments the theory of the condition,cause,equivalent causality,objective imputation,necessity causation and contingency causation.The main purpose is to make the necessary preparation for criminal liability to explore the theory of criminal causality;This paper selects "condition theory" as the theoretical basis of the criminal causality in this paper,and elaborates the reasons of choosing it;The section mainly demonstrates whether the seismic intervention factor affects the criminal liability and what size the criminal liability is,and provides the necessary support for the next analysis of the criminal liability.The third part is the theory of responsibility.The main purpose of this part is to solve the problem of "whether to bear the criminal liability".It is divided into three sections.The first section mainly solves the problem of whether to bear the criminal liability.Therefore,this section fully discusses the factual basises and legal basises that may be involved in the engineering major safety accident.Because the existence of criminal causality is a factual judgment,the solution of the criminal causality under the influence of the seismic intervention factor is put into the factual part.The second section mainly discusses the classification of "whether the criminal liability should be undertaken under different criminal causality".Because the engineering major safety accident crime gives crimminal sanctions on the basis of whether harm results are caused,this paper divides the criminal liability into two parts: the criminal liability that the "engineering major safety accident" has caused and the liability thinking that the "non-engineering major safety accident" have caused.The third section of how directly responsible personnels bear the crimminal liability under the subject intent: It is generally considered that the subjective aspect of the engineering major safety accident crime is the negligence,When the subjective aspect is the "subject intent",it can not be included in the engineering major safety accident crime.Since the intentional psychological attitude of the infringement of different legal interests will determine the application of different criminal charges,this paper divides the criminal liability under the subjective "intention" into the criminal liability under the infringement of "collective interests" and the criminal liability under the infringement "individual interests" based on the differences of the infringement of legal interests.And it discusses the Criminal Law Article114 and Article 115 "the crime of endangering public safety with dangerous methods" and Article 232 "the crime of intentional homicide" as an example.The fourth part is the perfercting theory.This part is divided into two sections.The first section is to put forward the amending advice aiming at the "deficiencies of the engineering major safety accident crime";And the second section is to offer some propposals in response to "the deficiencies in judicial practice".The fifth part is the conclusion.This part mainly summarizes the criminal causality and the criminal liability. |
