Whether the self employed person constitutes the crime of work safety accident

The crime of production safety accident refers to the behavior of factories, mines, forestry farms, construction enterprises or other enterprises, individual economic organizations, and public institutions whose labor safety facilities do not comply with national regulations, and who still do not take measures against the hidden dangers of accidents after being raised by the employees of relevant departments or units, resulting in major accidents or other serious consequences. Therefore, self-employed individuals can also commit the crime of work safety accidents, such as major accidents that occur in some workshops that produce fireworks and firecrackers. Wish.

Legal analysis: The penalties for production safety accidents in individual industrial and commercial households are as follows: 1. In the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed; 2. In the event of a major accident, a fine of 40% of the annual income of the previous year shall be imposed; 3. In the event of a major accident, a fine of 60% of the annual income of the previous year shall be imposed; 4. In the event of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed.

Individually-owned businesses refer to natural persons or families that are approved and registered in accordance with the law and engage in industrial and commercial business activities within the scope permitted by law. A single natural person applying for self-employment shall be a natural person over the age of 16 who has the ability to work. When a family applies for self-employment, the individual who is the head of the household should have the ability to operate, and other family members may not all have the ability to operate.

Individually-owned businesses enjoy legal property rights, including the right to occupy, use, benefit from and dispose of their own lawful property, as well as various creditor's rights in accordance with laws and contracts.

Legal basis: Article 16 of the Work Safety Law of the People's Republic of China The State implements a system of accountability for production safety accidents, and in accordance with the provisions of this Law and relevant laws and regulations, the legal responsibility of the units and responsible personnel for production safety accidents shall be investigated.

Legal analysis: The Criminal Law stipulates that if a major accident occurs or causes other serious consequences in the production and operation of a major accident or other serious consequences, it constitutes the crime of major liability accident.

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 criminal detention for a particularly bad period of repentance, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

The Criminal Law stipulates that if a major accident occurs or causes other serious consequences in violation of the relevant safety management regulations in production and operation, it constitutes the crime of major liability accident.

Criminal Law of the People's Republic of China

Article 134: [Crime of Major Liability Accidents] Whoever violates the provisions on safety management in the course of production or operation, thereby causing a major accident or causing 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 regulations, thereby causing 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.

Provisions on the Standards for Prosecution in Criminal Cases under the Jurisdiction of Public Security Organs (1).

Article 8: [Cases of Major Liability Accidents (Criminal Law Article 134, Paragraph 1)] Where provisions on safety management are violated in production or operation, and any of the following circumstances are suspected, a case shall be filed and prosecuted:

1) Causing the death of one or more persons, or seriously injuring three or more persons;

2) Causing direct economic losses of 500,000 yuan or more;

3) The occurrence of a mine production safety accident, resulting in a direct economic loss of more than 1 million yuan;

4) Other circumstances that cause serious consequences.

1. Objective elements of the crime of major liability accidents.

The crime of major liability accident is the violation of relevant safety management regulations in production and operation. The violation of the relevant safety management regulations here refers to the violation of laws, regulations, rules and regulations related to production safety. Therefore, this kind of relevant safety production regulations include the following three situations:

1) Various laws, regulations and other normative documents related to production safety promulgated by the state.

2) Enterprises, institutions and their superior management organs to formulate various rules and regulations that reflect the objective laws of production safety, including procedures, rules, regulations, regulations, methods and systems in process technology, production operations, technical supervision, labor protection, safety management, etc.

3) Although there are no explicit provisions, they reflect the objective laws and requirements of safe operation of production, scientific research, design and construction, and are recognized by employees in practice as effective operating habits and practices.