Study On Crime Subject Of Major Safety Accident Crime In Engineering

The engineering major safety accident crime belongs to high incidence crime,typical crime and special crime,the purpose of this crime is to guarantee the quality and safety of construction projects.Based on different understandings of Article 30 and Article 31 of the General Provisions of the Criminal Law,at the same time,the law describes this crime as "the relevant units committing the crime will only punish the persons directly responsible for it",let the nature of the subject of the crime in the existence of the room for discussion,make the subject of the crime unclear.It also leads to the different prosecution and trial paths between the procuratorate and the court in the judicial practice.In theory,there are different views on the nature of the subject of this crime: unit crime,natural person crime or both.In judicial practice,some procuratorates and courts only apply this crime to the unit members involved in the case,some procuratorates and courts apply this crime to the units and their members involved in the case.To study the subject of this crime,we should first clarify the nature of the subject of this crime.First,through sorting out the relationship between Article 30,Article 31 of the General Provisions of the Criminal Law and the Interpretation of Article 30 of the Criminal Law of the People’s Republic of China by the Standing Committee of the National People’s Congress,It could be argued that article 31 should be applied in the context of article 30,at the same time,the Interpretation is a supplementary explanation to the problems that cannot be solved by Article 30 of the general provisions of the criminal law.Second,this crime contains relevant units,directly responsible personnel and other typical words belonging to the unit crime,it is not to show that this crime is a unit crime,but to make clear the identity of the object condemned by this crime and reduce the scope of punishment.Due to the complexity of the organizational structure and personnel structure of the construction project,but not everyone deserves to be punished by this crime.Based on the requirements of criminal law value evaluation and the principle of criminal law modesty,the application of relevant units can limit the identity of the actor,the use of directly responsible person limits the criminal to the scope of direct responsibility.Finally,based on the criminal law responsibility must be investigated,the responsibility of the principle of self-sufficiency,and the crime of major liability accident in accordance with the nature of the subject of the crime.It is appropriate to identify the nature of the subject of this crime as a natural person,that is,the subject of this crime as a direct responsible person.Therefore,the key point of studying the subject of this crime is to study the direct responsible person.Theoretically speaking,the identification of the person directly responsible is limited by the scope of construction project,relevant units,direct responsibility and so on.Therefore,it is necessary to grasp the scope and connotation of the project,related units and direct responsibility in this crime.First,the project referred to in this crime shall include all construction projects.Second,regarding the scope of the relevant units,it is suggested to join the exploration unit.Third,the determination of direct responsibility,on the one hand,it is necessary to judge whether the actor has played a direct role in the outcome of the crime,it is necessary to determine whether the perpetrator dominates the causality process of crime or provides positive elements for the occurrence of criminal outcome.On the other hand,according to the "People’s Republic of China Construction Law" and "Construction Project Quality Management Regulations" to judge whether the actor violates the national regulations,reduce the construction project quality management of the national(mandatory)standards.In practice,in construction projects,there are a large number of unqualified units and individuals associated with the phenomenon,which brings some doubts to the identification of the perpetrator of this crime.First of all,the establishment of relevant units should be judged by formalism.The relevant units in this crime provide the subject of the crime with an identity that can be engaged in construction projects.As long as the actor can contract the relevant construction project through the unit,the relevant unit will give the actor an identity.It doesn’t matter whether the relevant units are qualified or not.Secondly,in the case of individual borrowing qualification,it is necessary to make substantive judgment on whether the perpetrator can borrow "shell" to carry out criminal acts.When the above two points are met,it is advisable to draw the conclusion that the absence of relevant qualifications does not affect the establishment of the relevant units and the person borrowing the qualifications is also the person directly responsible for the relevant units.This is in line with the scope of punishment in the legislation of this crime,in line with the psychological expectations of ordinary people,and in line with the needs of judicial practice.