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Legal analysis: The 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 major liability accident is a typical crime of safety liability accident crime stipulated in the Criminal Law of China.
Legal basis: Article 134 of the Criminal Law of the People's Republic of China: Whoever violates the provisions on safety management in 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.
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Legal analysis: The crime of major liability accident is the act of violating the relevant safety management regulations in production and operation, or forcing others to operate in violation of regulations and risky operations, resulting in a major accident.
The constitutive elements of this crime are:
1. The subject of this crime is employees of factories, mines, forestry farms, and construction enterprises;
2. The object is the person and property;
3. Objectively, it is a violation of relevant safety management regulations in production and operation;
4. Subjective elements. The form of guilt for the crime of major liability accident is negligence.
Legal basis: Article 134 of the Criminal Law of the People's Republic of China: Whoever violates the provisions on safety management in 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 carry out risky operations in violation of rules and regulations, 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.
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The crime of major liability accident is the act of violating the relevant safety management regulations in production and operation, or forcing others to operate in violation of regulations and risky operations, resulting in a major accident. The constitutive elements of this crime are: 1. The subject of this crime is an employee of a factory, a mine, a forest farm, or a construction enterprise; 2. The object is the person and property; 3. Objectively, it is a violation of relevant safety management regulations in production and operation; 4. Subjective elements.
The form of guilt for the crime of major liability accident is negligence. Legal basis: "Criminal Law of the People's Republic of China" Article 134 Whoever violates the provisions on safety management in production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to up to three years imprisonment 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, 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.
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For the crime of major liability accidents, after the public security organs file and investigate, send them to the procuratorial organs for review and prosecution; Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, the sentence is to be between three and seven years imprisonment. The 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 caused by the royal pants.
[Legal basis].Article 134 of the Criminal Law.
Whoever violates the relevant safety management regulations 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 or more years imprisonment.
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The following acts will be guilty of the crime of major liability accident:
1. Violating the relevant safety management regulations or forcing others to operate in violation of regulations and risky operations during the production and operation;
2. The violation must occur in the course of business;
3. The act must cause statutory consequences.
[Legal basis].Article 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 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.
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The crime of major liability accident is an act that violates the relevant safety management regulations in production and operation, resulting in a major accident or other serious consequences. 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;
What are the conditions for constituting the crime of liability for a major accident.
The conditions for constituting the crime of responsibility for a major accident are as follows:
1. The main requirement is to engage in business that is likely to cause death or injury;
2. The object of the infringement is the body and property;
3. Objectively, it is manifested as violating the relevant safety management regulations in production and operation;
4. The subjective aspect is manifested as negligence.
[Legal basis].: Article 134 of the Criminal Law of the People's Republic of China.
Crime of Major Liability Accidents] Whoever violates the relevant safety management regulations in 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 or organizes others to conduct risky operations in violation of regulations] Whoever compels others to conduct risky operations in violation of 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 13 of the 14th Article.
Crime of dangerous operation] Whoever violates the relevant safety management regulations in production or operation, and has any of the following circumstances, and has a real danger of a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release:
1) Closing down or destroying monitoring, alarming, protection, or life-saving equipment or facilities that are directly related to production safety, or tampering, concealing, or destroying relevant data or information;
2) Refusing to implement 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 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.
Legal analysis: Whoever commits this crime 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. 1. >>>More
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