Legislative Perfection Of The Serious Labor Safety Accident Crime

In order to punish the violations of the legitimate rights and interests of workers seriously,China's 1997 Criminal Law specifically set up the serious labor safety accident crime.After the twenty-first century,the development of social economy makes it can not meet the practical needs,Criminal Law Amendment(6)made a large degree of adjustment of the crime.This modification not only broadens the scope of application of it,but also streamlines the objective elements and makes it more effective in protecting workers' labor safety.However,the practice has proved that the serious labor safety accident crime in legislation is not perfect,Criminal Law article 135 of the provisions set mainly has the following problems:First of all,the subject scope of this crime is not clear.From the expression of the relevant provisions,we can not know exactly whether the main body of the serious labor safety accident crime is natural person or unit character.Some scholars believe that Criminal Law article 135 does not set the corresponding statutory punishment for the unit,so it is certainly not the criminal subject.It is also the view that the subject of the act of this crime is a unit,and the law clearly stipulates that the responsible person in charge and other directly responsible persons bear legal responsibility,so the subject of this crime is the unit,but the legal punishment is not set by the general double penalty system in principle.It is precisely because scholars and judicial officers have different views on this issue,so there are many cases of reality in different results,leading to the situation of judicial chaos.About the nature of this criminal subject,we should go back to practice to find the answer.On the one hand,the units with legitimate qualifications regardless of the workers' safety in production cause many serious accident cases,on the other hand,the temporary formation of the construction team also lead to labor safety accidents a lot.Therefore,the law should clear that nature of this criminal subject can be a unit or a natural person.Second,article 135 of the Criminal Law does not stipulate involuntary dangerous crime about serious labor safety accidents.In recent years,although the total amount of security incidents from the point of view has declined,but the major,large labor safety accident ratio has risen sharply.In this context,the addition of involuntary dangerous crime is conducive to us to achieve advance prevention instead of post-punishment,and reduce the crime rate.In the specific operation,we should take the specific dangerous crimes as standards,the judges in the case analysis of whether there is a dangerous result should grasp the following three elements,namely,reality and urgency,severity and possibility of occurrence.On this basis,we use the specific elements of every case,social life experience and scientific knowledge to judge.In addition,the penalty for the serious labor safety accident dangerous crimes shall be arranged in accordance with the principle of compatibility with the crime and punishment,and shall be lighter than the consequential offense but heavier than the ordinary negligent dangerous crime.Concretely speaking,it should be controlled under 1 year imprisonment or in criminal detention.Third,the punishment of serious labor safety accidents crime is light.The maximum legal penalty for this crime is seven years' imprisonment,which is the same as the penalty for negligence.However,from the perspective of business negligence crime and common criminal negligence,the perpetrators of the former type are more serious not only in subjective viciousness than in the case of the latter type,but also in the social harm.Therefore,the degree of penalty severity for the crime of business negligence,which is represented by the serious labor safety accident crime,should be heavier than that of ordinary negligence.If the legislature adjusts the statutory penalty for this crime,it can make the second file to the position of the first gear,and then directly let the first file as a lighter punishment of plot.The addition of "more than 7 years and less than 10 years imprisonment" for circumstances which are particularly serious.Finally,there is a lack of penalty for serious labor safety accident crime.The imperfection of penalty will directly affect the effectiveness of the implementation about Criminal Law,we should increase a fine penalty in article 135 of the law.The direct purpose of person ignoring laborer's life and property safety is to pursue economic benefits,them have a greed nature,so that they can be punished with fine penalties and can be deprived of their recidivism to a certain extent.In the specific provision of fine penalty,we should adopt the appropriate method and the relative amount.