Research On Major Liability Accident Crimes From The View Of Maritime Accident Cases

Since 1960 s,China has established relevant safety production provisions.Up to now,the technical standards and operating procedures related to production safety have been gradually established,more than 30 laws have been promulgated to ensure production safety.China has initially formed a completely maritime administrative,civil and criminal legal system.But there is no specific name to the major liability accident crime that happened on the sea in judicial practice and rarely consider the particularity of the marine environment,this article focuses on the special characteristics of maritime accident crime compared with the similar crime onshore,combined with the relevant laws and regulations,to analyze the typical issues and seek the method to solve the problem.In the first part of this thesis,the author tries to find the problems of marine liability accidents by introducing relevant judicial cases.The second part focus on the general legal analysis to the major liability accident crime.And the third part is to discuss the specific issues and theoretical analysis of the serious liability accident.The last part tries to offer the suggestions to the relevant issues.In the crime of serious maritime accidents,there are usually the following four issues: 1.Due to the location of the accident at sea,there will be evidence collection and accident restoring difficult,and further cause the causality analysis problem.So it is necessary to strengthen the analysis and judgment of causality and intervention factors.2.Criminal evaluation to the missing persons in maritime accidents.One hand,it does not accord with the legal standards of filing and conviction.The other hand,the declaration death system in the civil law is only a passive cognizance of death,it does not show the active truth-seeking efforts and exhaust all means in criminal law,therefore,it is suggested that in the process of criminal trial,the court should make a clearly status of the death or survive determine for the missing person,to solve the defective problem about the missing people in the accidents.3.There are some problems in the application of the charges of serious maritime accident crime.Different charges should be accurately applied based on different cases and by referring to the subjective fault,duty and behavior of the perpetrator.4.There is a diversity of criminal subjects in the crime of serious maritime accident,so it is necessary to analyze the responsibilities of different subjects and their roles in the accident,in order to limits the scope of criminal subjects.And analyze whether the unit subject should bear criminal responsibility for the accident,and also the rationality and necessity to add the unit subject to the crime law.