Dissertation
Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule

Study on the Crime of Major Accident Iiability

Author WangXiaoHuan
Tutor WangMin
School Nanjing Normal University
Course Criminal Law
Keywords The Crime of Major Accident Liability Constitutional Element Improvement ofLegislation
CLC D924.3
Type Master's thesis
Year 2012
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These years, great safety accidents in the production field in our country happened frequently, but mining industry safety production situation, is especially serious. In order to maintain the safety of the production and operation effectively and punish those who did not pay much attention to the safety production facilities and conditions and management, The amendment of criminal law (6)" modified the crime of major liability accident, however the modified provisions have not played fully on the retribution and prevention of liability accident crime in mining industry. In terms of theories and practice, Chapter1tries to study the article of the crime of major accident liability firstly, analyze deeply subject of crime, objective aspect and elements of the consequences, point out some in the judicial practice which should be clear, and puts forward my own ideas and suggestions.Chapter2examines the judicial cognizance question in this section. The paper distinguishes between the crime of major accident liability and innocency, and clear the crime of major accident liability, the nature accident, the technology accident, and the general liability accident boundary.Chapter3discuss difference between the crime of major accident liability, significant labor safety accident crime dereliction of duty crime, and traffic accident crime.Finally, on the basis of the study hundreds of liability accident case happened in recent10years in the mining production, we research subject of crime, penaltie, sprescribed punishment and the difficult problems in judicial practice and put forward the improvement suggestion of this crime.

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