What is the difference between the crime of major liability accident and the crime of forcing illega

The liability accident is ignorant and compliant, and the crime of illegal operation is knowing that the crime is compliant, and the crime plus the first degree of circumstance is even worse.

A is a driver at a moving site who violated operating procedures while driving a truck at a moving site and accidentally killed another worker. How should A's behavior be handled? a.

Punished as the crime of negligence causing death bPunished as a traffic accident cIt shall be dealt with as the crime of major liability accident d

Handle it according to the accident Answer: C Examination: The relationship between the crime of major responsibility accident and the crime of causing traffic accident and the crime of causing death by negligence Details:

A's behavior: (1) "at the moving site" in the field of lifetime production; (2) "Violation of safety operation procedures" - business negligence; (3) the death of an employee is a major consequence; It is a criminal composition that meets the requirements of the crime of major liability for accidents. The crime of major liability accident is a crime of negligence that occurs in the production field such as factories and mines, which violates the safety operation procedures and endangers public safety in the production field.

The crime of causing traffic accidents occurs on public roads, which violates public safety in the field of transportation and violates the laws and regulations governing traffic transportation. Article 233 of the Criminal Law (negligence causing death) stipulates: "Where this Law provides otherwise, such provisions shall prevail."

This means that the relationship between the special law and the common law is between the offence of negligence causing the death of another person, such as the crime of major responsibility accident, and the offence of negligence causing death, and the application of the special law is superior to the provisions of the common law. The subject of the crime of major liability accident is a general subject, which refers to a person engaged in production or operation. The main body that compels illegal and risky operations is also a general subject, mainly personnel engaged in production, construction, operation and other management work.

The differences are: 1. The subject is different, and the subject of the crime of major liability accident should generally be production and operation personnel. The subject of the crime of forcing illegal and risky operations should generally be the management personnel of production and operations.

2. The conduct is different, and the conduct of the crime of major liability accident refers to the violation of the relevant safety management regulations. The crime of forcing others to work in violation of regulations and risky operations refers to forcing others to work in violation of rules and regulations.

Legal analysisThe crime of major liability accident refers to the violation of relevant safety management regulations in production and operation, resulting in a major accident or other serious consequences; The crime of forcing illegal and risky operations refers to forcing others to take risks in violation of rules and regulations, resulting in a major accident or other serious consequences. The crime of forcing illegal and risky operations is an act in which the leaders, commanders, and dispatchers of enterprises, factories, mines, and other units still ignore the relevant laws and regulations to forcibly order or coerce their subordinates to carry out operations with dismissal, salary reduction, and other threats, causing major accidents or serious property losses to Biling, even though they know that there is indeed a danger or have violated the rules, and that the personal safety of workers and the property safety of the state and the enterprise are not safe, and that serious consequences will occur if they continue to produce. The crime of major liability accidents is a common and frequent criminal act, which not only endangers the lives and safety of the people, but also causes heavy losses to the property of the state and the masses, seriously hinders the normal operation and development of enterprises and institutions, and directly endangers social stability.

This crime is to violate the relevant safety management regulations in production and operation, or force others to operate in violation of regulations and take risks, resulting in a major accident or other serious consequences.

Legal basisCriminal Law of the People's Republic of China" Article 134 Whoever violates the provisions on safety management in the course of production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. Whoever compels others to take risks in violation of rules and regulations, or clearly knows that there is a potential danger of a major accident but does not rule it out, but still takes risks to organize operations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment. Article 134-1 Whoever violates the provisions on safety management in the course of production or operation, and has any of the following circumstances, and there is a real danger of a major accident or other serious consequences, shall be sentenced to up to one year imprisonment, short-term detention or controlled release:

1) Shutting down or destroying monitoring, alarming, protection, or life-saving equipment or facilities directly related to production safety, or tampering, concealing, or destroying data or information related to them; (2) Refusing to carry out the refusal to comply with a lawfully ordered to suspend production and business, stop construction, stop using relevant equipment, facilities, or venues, or immediately take corrective measures to eliminate the danger because there is a potential danger of a major accident; (3) Engaging in highly dangerous production activities such as mining, metal smelting, construction, and the production, operation, and storage of dangerous goods without approval or permission in accordance with law for matters involving production safety.

"The crime of major liability accidents" refers to the violation of relevant safety management regulations in the production and air conversion industry, resulting in a major accident or other serious consequences; "The crime of forcing illegal and risky operations" refers to forcing others to operate in violation of rules and regulations, resulting in a major accident or other serious consequences.

It can be seen that the subjects are different, and the subjects of the "crime of major liability accidents" should generally be production and operation personnel. The subject of the crime of "forcibly violating rules and regulations and risky operations" should generally be the management personnel of production and accompanying operations. The act of "major liability accident" refers to the violation of the relevant safety management regulations.

The crime of "forcing others to perform risky operations in violation of regulations" refers to forcing others to perform risky operations in violation of regulations.

The criminal liability for the crime of forcing illegal and risky operations is: a sentence of not more than five years imprisonment or criminal detention; where the circumstances are especially heinous, a sentence of five or more years imprisonment is to be given. Forcing illegal and risky operations refers to the behavior of forcing others to violate regulations and risky operations, or knowing that there is a potential danger of major accidents and not excluding them, but still taking risks to organize operations, resulting in major accidents or other serious consequences.

When determining the crime of major liability accidents, attention shall be paid to distinguishing between the boundaries between major liability accidents and natural accidents. The so-called natural accident refers to the accident caused by natural causes that are not transferred by human will, such as lightning and storm caused by circuit failure or economic loss. If no one violates the rules, it is purely a natural accident and does not constitute a crime.

In addition, a distinction should also be made between the crime of major liability accident and the crime of technological accident. The so-called technical accident refers to the unavoidable personnel or economic loss due to the limitation of technical means or equipment conditions. For example, in production and scientific experiments, there will always be some accidents and some losses due to the limitations of scientific and technological level and equipment conditions, which is not a criminal problem, but if the accident could have been avoided through efforts by virtue of the existing technology and equipment, and could have been avoided due to negligence or overconfidence, it may constitute the crime of major liability accidents.

Criminal responsibility for the crime of forcing illegal and risky operations is to sentence the perpetrator to fixed-term imprisonment of not more than five years or short-term detention, or fixed-term imprisonment of not less than five years. Where, after the accident occurs, rescue measures are not actively taken to rescue the injured or disabled persons or to prevent the harmful consequences of filial piety from expanding, or after the accident occurs, in order to evade criminal responsibility, destroy or falsify the scene, conceal the truth, blame others, etc., the punishment is increased.

Legal basisArticle 134 of the Criminal Law.

Whoever violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Whoever compels others to take risks in violation of rules and regulations, or clearly knows that there is a potential danger of a major accident but does not rule it out, but still takes risks to organize operations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; Where the circumstances are especially heinous, the sentence is to be five years or more imprisonment.

According to the provisions of paragraph 2 of Article 1 of the Criminal Law Amendment (VI)), whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term detention; where the circumstances are especially heinous, a sentence of 5 or more years imprisonment is to be given. The circumstances are particularly heinous, mainly referring to the following situations: (1) causing particularly serious consequences, such as causing the death of multiple people; or a particularly large number of serious injuries; Or the direct economic loss is particularly enormous.

2) Knowing that there is no safety guarantee, even if the signs of accidents have been discovered, they still do not listen to dissuasion, insist on going their own way, refuse the opinions of workers and technicians, and use evil leaders to force workers to work in violation of regulations and risks. (3) After the accident, the perpetrator's performance was particularly bad. For example, after the accident occurs early, they do not actively take rescue measures to rescue the disabled or prevent the expansion of the harmful consequences, and only care about the escape of personal lives or rescue personal property, so that the harmful consequences spread and expand; Or after the accident, in order to evade criminal responsibility, destroy or falsify the scene, conceal the truth, and blame others.

Legal basisCriminal Law of the People's Republic of China

Article 1: This Law is formulated on the basis of the Constitution and in consideration of our country's specific experience and actual conditions in the fight against crime, so as to punish crimes and protect the people.

Legal Analysis: Criminal liability for the crime of forcing illegal and risky operations is punishable by fixed-term imprisonment of not more than five years or short-term detention, or fixed-term imprisonment of not less than five years. Causing the death of many people, or causing a particularly large number of serious injuries, and after the accident occurs, not actively taking rescue measures to rescue the disabled or prevent the expansion of harmful consequences, or after the accident, destroying or falsifying the scene, concealing the truth, or blaming others, etc., in order to avoid criminal responsibility for harmony, the punishment is increased.

Legal basis: Article 134 of the Criminal Law of the People's Republic of China Whoever compels others to carry out risky operations in violation of rules and regulations, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment for good filial piety.

Legal analysis: Where the perpetrator constitutes the crime of forcibly ordering illegal and risky operations, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment. The circumstances are particularly heinous, mainly referring to the following situations:

has caused particularly serious consequences, such as the death of many people; After the accident, the perpetrator behaved particularly badly, and so on.

Legal basis: Article 134 of the Criminal Law of the People's Republic of China Whoever, in the course of production or operation, violates the provisions on safety management, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. Whoever compels others to take risks in violation of rules and regulations, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.

Where the perpetrator constitutes the crime of forcibly ordering risky operations in violation of regulations, the following criminal responsibility may be pursued: A general sentence of up to five years imprisonment or short-term detention may be pursued; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment. Its objective aspect is to force illegal and risky operations, resulting in major accidents or other serious consequences.

Legal Poor BasisArticle 134 of the Criminal Law.

Whoever violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Whoever compels others to carry out risky operations in violation of rules and regulations, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.