Evaluation And Analysis Of Major Liability Accident Crime

The frequent occurrence of major liability accidents has become an urgent problem for China's economic and social development.The focus of dispute in this case is mainly concentrated in three aspects: 1.Identification of the criminal subject in major liability accidents.2.Identification of negligence behaviors that violate the safety management requirements.3.The application of the accident investigation report in ascertaining the facts of the cases.Focus of the controversy,the crime subject of major liability accident can be identified by identity of the actor and the work safety responsibility in handling major liability accidents.In the procedure of pursuing the accountability,the precondition for the actor to bear criminal responsibility is to engage in production and operation in violation of the requirements of post duties and safety management regulations.Safety management provisions in the crime of major liability accidents include production safety rules and regulations formulated by the state,industry supervision departments and production and operation units,as well as recognized operational practices,etc.The actor has the obligation to observe the provisions of safety management while his or her omission in safety management is illegal.Actors who can possibly foresee and avoid the harmful consequences of major liability accidents by performing their duties of safety production should bear the corresponding responsibility for accidents.The contributing factors of fire accidents are complicated which present as a consequence with multiple causes.When imputing responsibility for accidents,people should distinguish harmful consequences from natural risks,accurately determine the causal relationship between actors' actions and harmful consequences,and make a distinction between different responsibilities of different actors.It is the legal duty for the administrative organ to investigate and deal with safety accident after it occurs.The approved accident investigation report has legal effect in administration and has bearing consequences for the relative person.After the case is transferred to justice,the accident investigation report can be applied as criminal evidence in criminal proceedings whose contents can be classified as on-site investigation records,expert conclusions and suggestions for transferring criminal cases,etc.The evidence ability of accident report can be examined from the aspects of legality,authenticity and relevance to the facts of the case.Once accident investigation report is confirmed to be true,lawful and valid after the examination of legal procedure,it can be used as the key evidence to ascertain the facts of a case.Case interpretations should be applied to determine the conviction and sentence of major liability accident accurately and to punish crimes in order to maintain the order of safety production.