Research On The Legislative Improvement Of The Crime Of Major Labor Safety Accidents

In recent years,various kinds of safety accidents occur frequently in our country,which cause huge casualties and property losses.In the case that the relevant administrative law,economic law and other laws fail to cope with the situation,we should find a breakthrough from the criminal law.The crime of major labor safety accident appeared in the criminal law of 1997 for the first time,and then it was modified in the amendment(6)of the criminal law of 2006.Although the crime has been improving,there are still many problems in the composition of the crime and the range of punishment,mainly including that the main elements are not clear enough,which is easy to lead to different sentences in the same case;objective aspects Compared with the labor safety legislation of foreign countries,the provisions are too thin;lack of dangerous crime,health conditions and other contents;the penalty configuration is single,only free penalty;and the punishment of free penalty is not enough.In order to perfect the crime,fight against the crime better and avoid the tragedy reappearance,this paper,based on the summary of the previous theoretical results,comprehensively uses the literature analysis method,the theoretical research method,and makes an in-depth analysis of the crime.This paper is divided into introduction,body and conclusion.The main body includes three chapters.The first chapter focuses on the basic theory of the crime of major labor safety accidents,first introduces the legislative history of the crime,and then analyzes the amendment(6)to the crime of major labor safety accidents.Then it discusses the crime of major labor safety accidents from the aspects of subject,subject,object and objective according to the traditional four elements of criminal law.The subject of the crime is "directly responsible persons in charge and other directly responsible persons".The subjective aspect of crime is the negligent mentality(including negligent negligence and overconfidence negligence).The object of crime is the personal safety of workers.The objective aspect of the crime is that the safety production facilities or conditions of the production unit do not conform to the relevant provisions of the state,resulting in major casualties or other serious consequences.Then,in order to identify the crime of major labor safety accidents more accurately,this crime is distinguished from natural accident,major liability accident crime and dereliction of duty crime in terms of constituent elements,and the distinction between the crime and natural accident is mainly from whether the actor has subjective fault;whether the safety accident can be avoided.The common ground with the crime of major liability accident includes the subject of crime,subjective aspect and legal punishment.The main differences are object elements,objective aspects,the laws and regulations that the behavior violates,the occasions where the criminal behavior occurs and so on.The same points with the crime of dereliction of duty are mainly reflected in the subjective aspect and legal punishment.The differences are reflected in the object elements,objective aspects,subject elements and the occurrence of criminal acts.The second chapter studies the crime of major labor safety accidents from the aspects of constitutive requirements of crime and penalty allocation.Among them,the subject of the crime is whether the unit can be the subject of the crime at present.The reasons of the opposition scholars include the deletion of "unit" in the criminal amendment(6),the subject of the crime can not be limited to the unit for a long time;the criminal law does not set any matching legal punishment for the unit.Affirmative faction mainly demonstrates from the perspective that enterprise decision-making is the embodiment of the overall will of the unit,and that maintaining safety facilities or safety conditions is the responsibility of the unit.The objective aspects of this crime mainly include the lack of dangerous crime and the provisions of labor and health conditions.Finally,the defects of penalty are mainly the light punishment of freedom penalty and the lack of provisions of property penalty.The last chapter focuses on the crime of major labor safety accidents.On the subject of crime,both natural person and unit can constitute the subject of crime.The objective aspect of the crime mainly includes the establishment of dangerous crime provisions and the increase of the constitutive elements of "the conditions of labor and health do not conform to the national provisions".In the aspect of penalty improvement,we can refer to similar foreign legislation to increase a certain range of fine and weight penalty.For the fine penalty,we can adopt the limit fine penalty,and the sentencing range can be upgraded to another level in the original sentencing range.for prevent and reduce the occurrence of labor safety accidents.