In the mainland, major liability accidents are crimes with a high incidence rate, and the reason is that there is a substantial correlation with the identification of the person responsible for the accident; it is not enough to prevent the occurrence of major liability accidents by pursuing the criminal liability of personnel directly engaged in production and operation. In the case of the accident in which two workers from a construction site in Yangzhou City fell from a hanging cage, the responsible persons, managers, actual controllers, and investors who had the responsibility for organizing and directing the accident, or undertaking management responsibilities, should be investigated for criminal liability in accordance with law.
The order in which those responsible for major liability accidents are identified
In the practice of determining many major liability accidents, the determination of liability accidents determines the person responsible for the major accident in the name of the people's government; the persons being investigated are often those who are directly engaged in production and operation. Even if judicial personnel believe that the personnel directly engaged in production and operation are not the responsible subjects, they cannot change the results of the determination.
The order in which persons responsible for major liability accidents is determined shall be based on the Interpretation on Several Issues Concerning the Application of Law in handling Criminal Cases Of Endangering Production Safety (hereinafter referred to as the Judicial Interpretation), which provides detailed provisions on the subjects responsible for the crimes of major liability accidents, the crime of forcing illegal and risky operations, the crimes of major labor safety accidents, and the crimes of not reporting or falsely reporting safety accidents.
It is clearly stipulated that only the person directly engaged in production and operation is the subject of accident responsibility, so this crime is the most common crime in judicial practice; according to the judicial interpretation, the responsible subject of the crime of major labor safety accident does not include personnel directly engaged in production and operation, so this crime is less applicable.
The criminal subjects of the crime of major liability accidents specifically include: responsible persons, management personnel, actual controllers, investors and other personnel who have organizational, command or management responsibilities for production and operation, as well as personnel directly engaged in production and operation.
As far as the order of the above-mentioned personnel is concerned, the organization and command personnel with responsibilities and the responsible persons, managers, actual controllers and investors with management responsibilities are the first order; and " and " mean "incidental" in Chinese, and the personnel directly engaged in production and operation are the second order.
The order in which the subjects of the relevant crimes are determined
The role of the actual controller and the investor in the liability accident
For example, the occurrence of mine liability accidents is usually due to the lack of investment in safety facilities; no matter how hard the organization and command, it may not be possible to prevent liability accidents caused by investment liability.
The judicial interpretation lists the actual controller and investor as the subject of the crime for the above four crimes, but judicial practice rarely pursues the criminal responsibility of the actual controller and investor; according to the rules for determining responsibility for accidents, if the local people's government does not list the controller and investor as the subject of investigation, the judicial organs cannot pursue their criminal responsibility.
The actual controller and the investor are heavily responsible in the liability accident, but why did the actual controller and investor evade criminal liability? The actual controller and investor are often the decision-makers of the enterprise, and do not participate in the organization and command, let alone directly participate in production and operation; the local people's government "ignores" the responsible personnel when determining that the criminally responsible personnel should be investigated.
The conditions for criminal liability for not pursuing the actual controller and the investor for major labor safety accidents and other crimes shall be: there is no restriction on the conditions for safe production or facilities in terms of investment; and in terms of employment, it fully complies with the provisions of laws and regulations.
The significance of pursuing the legal liability of the actual controller or investor
Vehicle overload has always been a "stubborn disease" that is difficult to solve, and most roads, bridges, etc. cannot reach the service life of the design; the reason is that the actual controller or investor of the transport enterprise bears the administrative responsibility for overloading, but does not bear the criminal liability for overloading, for example, overload administrative penalty enterprises can be reimbursed. If the country solves the overload problem from the same idea, the overload problem may be "solved".
Pursue the legal responsibility of investors, and the overload problem may be "solved"
For example, overloading is the cause of the crime of traffic accident; when pursuing the criminal liability of the driver, the criminal liability of the transport enterprise, or the actual controller or investor of the transport vehicle, can fundamentally solve the problem of transcendence. On the one hand, if the driver of the vehicle only receives labor remuneration, the driver is not willing to overload; on the other hand, overloading can bring rich benefits to the actual controller or investor of the vehicle, without bearing criminal liability, overloading cannot be prohibited.
The same is true of liability accidents, or the occurrence of safety incidents. Reducing investment and obtaining benefits is the usual assumption of the actual controller or investor; (safety) liability accidents are no small matter, and reducing safety facilities and reducing the conditions of employees are important ways to reduce investment. When a major liability accident occurs, the state first considers that pursuing the criminal liability of the actual controller or investor may be an important way to reduce the safety liability accident.
Many legal persons may believe that there are legal obstacles to the prosecution of the actual controller or investor, and the reason is that they do not have a correct understanding of the joint crime. According to the second paragraph of article 25 of the Criminal Law, two or more persons who commit a crime of joint negligence shall not be punished as a joint crime; Deliberate reduction in investment can be evaluated as a joint negligent crime;
In the case of two workers falling from a hanging cage at a construction site in Yangzhou, the judicial organs in Yangzhou can only pursue the criminal liability of the relevant personnel based on the responsibility determined by the liability accident, for example, the letter of responsibility determines that only one person will be held criminally responsible, and the judicial organ can only investigate, prosecute and try the person. However, the lives of two workers were sentenced to one year and four months in prison, suspended for one year and six months, and it may still be doubtful that the lives of two workers were imposed.