我国煤矿生产中刑事责任法律问题研究
发布时间：2018-09-03 18:09
【摘要】：我国是世界上最早开采煤炭资源的国家之一,也一直是世界最大的煤炭生产国和消费国之一,同时还是世界煤矿事故高发国。随着经济的快速发展,煤炭需求也与日俱增,经济发展对煤炭的过分依赖、煤炭高额利润刺激下人们的利欲熏心等多方面原因造成了煤矿事故,带来的是鲜活生命的逝去、亲人的悲痛、国家财产安全受损,而矿难中刑事责任的追究不力又造成了教训的难以被吸取,进而造成矿难的频发。尽管我国政府多年来一直在强调煤矿安全生产,也取得了一定成效,但从近年来依然频发的矿难来看,我国煤矿安全生产形势依然不容乐观。煤矿安全生产形势的窘境凸显了我国煤矿安全生产中刑事责任追究的制度性缺陷,本文将对刑事责任追究中存在的问题进行分析,并通过借鉴其他煤炭先进国家对煤矿生产中刑事责任追究的通行或独到的做法,为我国相关立法、司法实践提供有益材料和刑事责任追究难题的解决之道。 全文共分成四部分： 第一部分,目前我国煤矿安全生产形势及刑事责任追究中遇到的问题。分两小部分,一是用数据说明目前我国煤矿安全生产形势依然不容乐观,二是讲述我国煤矿矿难发生后的一些现实现象,并指出煤矿安全事故刑事责任追究中遇到的问题。 第二部分,我国煤矿安全生产相关立法及刑法所凸显出的缺陷。首先讲述了我国煤矿安全生产的立法状况,其次从五个方面分析了刑法在追究煤矿安全事故刑事责任中凸显出来的缺陷：刑事责任主体不够明确；现行刑法刑种单一,刑罚畸轻；刑法对相关犯罪均规定为结果犯,不利于预防煤矿责任事故的发生；刑法缺乏对遇难矿工的赔偿标准的规定,赔偿责任难以有效追究；刑法缺乏与煤矿安全技术、标准规程的有效衔接,可操作性差。 第三部分,国外关于煤矿生产中刑事责任追究的立法。该部分分析了美国和其他国家在煤矿事故刑事责任追究方面的可借鉴之处。 第四部分,对我国煤矿生产中刑事责任追究的立法完善。比如将单位纳入责任主体并实行双罚制、增设危险犯、提高法定刑刑量、增加刑种、增加关于矿难赔偿的立法以及追究刑事责任程序的法定化。
[Abstract]:China is one of the earliest coal mining countries in the world, and has always been one of the largest coal producers and consumers in the world. At the same time, China is also a country with a high incidence of coal accidents. With the rapid development of economy, the demand for coal is also increasing day by day. The excessive dependence of economic development on coal and the incentive of people's desire for profit under the stimulation of high profits of coal have caused coal mine accidents, which have brought about the loss of fresh lives. The grief of relatives and the damage of national property security, and the weak investigation of criminal responsibility in the mine disaster caused the difficulty of drawing lessons, and the frequent occurrence of mine accidents. Although our government has been emphasizing the safety of coal mine production for many years and has achieved certain results, the situation of coal mine safety production is still not optimistic from the frequent mine accidents in recent years. The dilemma of coal mine safety production situation highlights the institutional defects of criminal responsibility investigation in coal mine safety production. This paper will analyze the problems existing in criminal liability investigation. And through drawing lessons from the common or original practice of other advanced coal countries to investigate the criminal responsibility in coal mine production, this paper provides useful materials and solutions to the problem of criminal liability investigation for the relevant legislation and judicial practice of our country. The paper is divided into four parts: the first part, the problems encountered in the investigation of coal mine safety and criminal responsibility. It is divided into two parts. One is to use data to explain that the present situation of coal mine safety production is still not optimistic, the other is to describe some practical phenomena after coal mine accidents occurred in China, and point out the problems encountered in the investigation of criminal liability for coal mine safety accidents. The second part, our country coal mine safety production related legislation and the criminal law highlights the flaw. First of all, it describes the legislative situation of coal mine safety production in China, and then analyzes the obvious defects of criminal law in investigating criminal responsibility for coal mine safety accidents from five aspects: the criminal responsibility subject is not clear enough, the current criminal law is single, The penalty is abnormally light; the criminal law stipulates the related crime as the result crime, which is not conducive to the prevention of coal mine liability accident; the criminal law lacks the stipulation of compensation standard for the miners in distress, the compensation liability is difficult to investigate effectively; the criminal law lacks the technology of coal mine safety, The effective connection of the standard rules and regulations, the operability is poor. The third part, foreign legislation on criminal liability investigation in coal mine production. This part analyzes the reference of the United States and other countries in the investigation of criminal liability for coal mine accidents. The fourth part, to our country coal mine production criminal responsibility investigation legislation consummation. For example, the unit should be brought into the main body of responsibility and carry out double punishment system, add dangerous crime, increase the amount of statutory punishment, increase the type of punishment, increase the legislation on compensation for mine accident and legalize the procedure of investigating criminal responsibility.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3;D922.5
本文编号：2220767
[Abstract]:China is one of the earliest coal mining countries in the world, and has always been one of the largest coal producers and consumers in the world. At the same time, China is also a country with a high incidence of coal accidents. With the rapid development of economy, the demand for coal is also increasing day by day. The excessive dependence of economic development on coal and the incentive of people's desire for profit under the stimulation of high profits of coal have caused coal mine accidents, which have brought about the loss of fresh lives. The grief of relatives and the damage of national property security, and the weak investigation of criminal responsibility in the mine disaster caused the difficulty of drawing lessons, and the frequent occurrence of mine accidents. Although our government has been emphasizing the safety of coal mine production for many years and has achieved certain results, the situation of coal mine safety production is still not optimistic from the frequent mine accidents in recent years. The dilemma of coal mine safety production situation highlights the institutional defects of criminal responsibility investigation in coal mine safety production. This paper will analyze the problems existing in criminal liability investigation. And through drawing lessons from the common or original practice of other advanced coal countries to investigate the criminal responsibility in coal mine production, this paper provides useful materials and solutions to the problem of criminal liability investigation for the relevant legislation and judicial practice of our country. The paper is divided into four parts: the first part, the problems encountered in the investigation of coal mine safety and criminal responsibility. It is divided into two parts. One is to use data to explain that the present situation of coal mine safety production is still not optimistic, the other is to describe some practical phenomena after coal mine accidents occurred in China, and point out the problems encountered in the investigation of criminal liability for coal mine safety accidents. The second part, our country coal mine safety production related legislation and the criminal law highlights the flaw. First of all, it describes the legislative situation of coal mine safety production in China, and then analyzes the obvious defects of criminal law in investigating criminal responsibility for coal mine safety accidents from five aspects: the criminal responsibility subject is not clear enough, the current criminal law is single, The penalty is abnormally light; the criminal law stipulates the related crime as the result crime, which is not conducive to the prevention of coal mine liability accident; the criminal law lacks the stipulation of compensation standard for the miners in distress, the compensation liability is difficult to investigate effectively; the criminal law lacks the technology of coal mine safety, The effective connection of the standard rules and regulations, the operability is poor. The third part, foreign legislation on criminal liability investigation in coal mine production. This part analyzes the reference of the United States and other countries in the investigation of criminal liability for coal mine accidents. The fourth part, to our country coal mine production criminal responsibility investigation legislation consummation. For example, the unit should be brought into the main body of responsibility and carry out double punishment system, add dangerous crime, increase the amount of statutory punishment, increase the type of punishment, increase the legislation on compensation for mine accident and legalize the procedure of investigating criminal responsibility.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3;D922.5
【参考文献】
相关期刊论文 前10条
1 张克文;齐文远;;责任事故犯罪中故意的推定[J];法学;2013年04期
2 王亮;;授权董事履行公司社会责任——以煤矿矿难为例[J];金融法苑;2005年04期
3 吴富丽;;我国矿难防控刑法机制研究[J];辽宁大学学报(哲学社会科学版);2010年01期
4 刘超捷,汤道路;论我国煤矿安全立法的不足及完善[J];煤矿安全;2005年06期
5 梁美健;杨光;;保险业介入煤矿安全生产需解决的几个问题[J];煤矿安全;2007年04期
6 赵军;李全明;张兴凯;王云海;;美国煤矿安全生产法律体系分析及启示[J];煤矿安全;2008年08期
7 温建辉;;事故型犯罪的罪过形式[J];刑法论丛;2010年03期
8 赵新燕;;浅析山西煤矿安全生产的立法现状及问题[J];商品与质量;2012年S2期
9 夏芙蓉;;美国煤矿安全生产法治化及对我国的影响[J];中共山西省委党校学报;2007年04期
10 刘雪梅;;危害矿山生产、生态安全犯罪的刑法对策研究[J];邵阳学院学报(社会科学版);2010年03期
相关硕士学位论文 前1条
1 胡晋升;重大责任事故犯罪若干问题研究[D];河南大学;2013年
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