On January 10, the Supreme Law, required in the criminal case that endangers production safety, strict control of the probation, commutation and parole. Last year more than more than 340,000, killed more than 75,000 people, the situation of safe production. Due to the criminal law relating to "crimes of a serious accident," there is a loophole in the sentence, did not provide "what circumstances are particularly bad", andResponsible person often actively losing money, so often a light sentence in the trial, accident occurred one after another. The Supreme Law, strengthen the accident responsibility distinction, improving the probation application threshold, and stressed the need to punish the accident behind the official misconduct, to rein in production safety accident occur frequently. Beijing-reporter Song Shi path on January 17, Wang Rongli back to Xian from Beijing, the study of China entrepreneur crime lawyers, had just participated in a related topic press conference in Beijing. He felt that domestic production safety situation is grim. Previously, the State administration of work safety (State administration of safety supervision for short) published a set of data, let him worry. In 2011, the national incidentMore than 340,000 over, killed more than 75,000 people. He is of more concern, according to the State administration of safety supervision, national industrial accident cases in 2011, holding 4,799 people, which transferred to judicial organs for liability only 808 people, other responsible persons are given only party and administrative disciplinary measures. "Security in criminal cases, there is a sentence too light. "Wang RongLee said that after many business owners get a suspended sentence, still engaged in production and management. On January 10, the Supreme Law issued on the further strengthening of the opinion that endangers production safety trials in criminal cases (referred to as the opinion), requires strict control of the probation, commutation and parole, avoiding negative effects. The opinion pointed out that at present, and ignored production safety is still very prominentAnd related cases handled well, affect social stability. Source of origin of probation in criminal law "criminal major accident" does not define what is "circumstances are particularly bad", leading to trial criminal offence of improper occurred the Beijing University criminal law Professor Liu Shoufen, thematic study "serious accident" cases. She found that the set of criminal law in this regard, there are obviously not reasonable, resulting in aJudgement sentence too lenient, crimes of criminal misconduct. In her study of 63 cases of a serious accident, "sentenced to 3 years imprisonment for" 58.9% 's case, which, with more than one-fourth of criminal major accident is applicable to a suspended sentence. In 2006, Beijing site project manager Zhao an, duration, in knowing the site above the high voltage wire through, constructionCases of security breaches, arrange for construction workers, resulting in a worker being electric shock death. In the judgment of the Court, accused Zhao constitutes a serious accident crime, punishable by law. But, given the defendant a surrendered Zhao, for the offences set forth in tera gold, surrender, be mitigated punishment according to law, also taking into account that the defendant has paid for the families of the victims of economic losses, the discretionBe a lighter punishment and declaring a suspended sentence. The end of 2008, a construction elevator fall in Changsha, which killed 18 people, 1 person was seriously injured. 7 people had been "serious accident crime" sentenced to terms of imprisonment, but 5 people as "surrendered with plot or plea of good attitude" is declared to a suspended sentence. Liu Shoufen study found that the probation application is high, and set unreasonable about criminal law.Criminal law is enacted in 1997, involving production safety, mainly "serious accident crime". The crime has two sentences, one is, "major accident or other serious consequences occurred, three years ' imprisonment or criminal detention." Another is that "circumstances are particularly bad, at three to seven years of imprisonment". And for whatCases are "circumstances are particularly bad", what case is "significant injuries", the Penal Code is not provided, left to the discretion of judges. "Major accident", three years ' imprisonment or criminal detention and is a prerequisite for compliance with probation application. Therefore, judges discretionary probation application space is very big. "Criminal negligence is often a light sentence," judge horseYin Hing considered responsible for the accident is willing to lose money, but a lenient sentence equal to connive at, Ma Xianxing is President of Hunan ningxiang County Court cannot eliminate accidents happen, 2010 most influential legal figures in Hunan province. In 2009, as the presiding judge to hear the case of a serious accident. He had to do some thinking. Ma Xianxing found that because of the criminal law in this regardSet clear, sentencing severity will to a large extent depend on judges ' awareness of such cases. Cases handled by the Ma Xianxing is simple: accused Liu employed two undocumented crane drivers, one person killed in the action, losses by the construction of the victim compensation. Prosecutors and the defendant swtor credits, Defender, judge sentenced "criminal major accident" is not disputed. On the sentencing,Ma Xianxing specifically set the sentencing debate sessions, and live on the China Court net website. Prosecutors said: in view of the defendant after attendance ', plead guilty attitude better, may, where appropriate, a lighter punishment. In view of the civil section is to fulfil the compensation agreement, proposed to crimes of a serious accident on the defendant a penalty of one year in jail. Liu and defender believes that although his actions touchGuilty of criminal law, criminal major accident, but they belong to criminal negligence, low social harmfulness, surrendered with plot, its crimes are lighter, repentance in good faith, and first offenders, and casual offence, request for a suspended sentence. "Let the defendants pay more money to the families of the victims, made the victim party understanding and then declared suspended the defendant, may be acceptable to the parties in the present case a knotThe fruit. "Ma Xianxing said. But Ma Xianxing not sentenced. In his view, once for a suspended sentence, hire people who do not have qualified personnel to operate large equipment will continue, because "even if out of the thing, lose money on it". This type of incident will not stop, and will continue to. Eventually, Liu was sentenced to eight months ' imprisonment. Before the sentencing, Ma Xianxing told Liu that brought aWords: "life is greater than the day, responsibility is more important than the mountain, this is what I think such cases should not be applied to a suspended sentence is a reason. "Ma Xianxing knows, there is also a light sentence in such cases. He said, "because the judge will think, negligence crime, not intentional crimes, a negligent offence, bodily harm is relatively small. "Wang Rongli believes that no doubt sentence too lightIs to condone the crime will only make frequent accidents. In 2003, the construction of Beijing Wang due to violation of the defendant organization, causing the collapse of the construction of billboards killed two people, was sentenced to two years ' imprisonment by court, suspended for two years. A year later, Wang was without a licence, without construction quality and construction programmes, safety rules and regulations-free case, contract engineering, employing no qualificationConstruction of farmer, death from one drop. He was suspended for test age swtor credits, due to serious accident on sat the defendant's seat once again. This time, the Court revoke a suspended sentence, before and after the crime and crimes combined punishment, sentenced to four years ' imprisonment. From a strictly, is gradually becoming a trend to curb the frequent mining accidents, 2007 Supreme law applied to mine production suspended for tightening, to launch in 2012The peaceful production accidents often are in the field of production mining, from 2005 to 2006, the frequent mining accidents. In 2006, to curb the frequent mining accidents, under the recommendation of the State administration of safety supervision, national people's Congress to modify the criminal law. In the amendment to the criminal law, penalties for crimes of forced illegal dangerous operations ranges from "three years ' imprisonment or criminal detention", and"Three to seven years imprisonment for" up to "imprisonment for not less than five years", added the offence of not reporting, false security incidents. But what is a "major accident" and what is "the circumstances are particularly bad" amendment to the criminal law is not made clear. In 2007, the highest law and judicial interpretation of the Supreme People's Procuratorate, defines these two concepts. ��Handling criminal cases against mine production safety specific application of some problems in the interpretation of the law stipulates that "have killed more than one person, or serious injury of three or more persons, and causing direct economic losses of more than $ 1 million; other serious consequences" for "major accident or other serious consequences". Interpretation also provides that "death three or more persons, orSerious injury of more than ten people, and caused direct economic losses of more than $ 3 million, and other particularly bad plot "to" circumstances are particularly bad ". However, this definition is limited to cases of accidents in mines. Other production in the field of security responsibility, has not yet been made clear. Until January 2012, radical change in the situation. Supreme law-related views, cases of accidents in minesDefinition of responsibilities, extended to all areas of production. The Supreme Law introduced explains the background of the opinion, individual up local and major accident; some major national concern production safety accident, mishandled the case, is not conducive to production safety accident prevention, damage the image of the party and State, affect social harmony and stability. () The other news relatived this topic:

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