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A Case Analysis on Li and Han Endanger the Public Safety in Dangerous Mean

Author: LanShan
Tutor: PengFuShun
School: Hunan University
Course: Legal
Keywords: Dangerous mens the crimes of endangering public safety Crime ofissuing the illicit and forceful command of perfoeming dangerousoperations Dangerous methods Public safety
CLC: D924.3
Type: Master's thesis
Year: 2012
Downloads: 52
Quote: 0
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Abstract


Comprehensive survey of frequent mine accidents in recent years, indicates thatmost mine owners or managers are imprisoned with criminal negligence such as majorresponsibility accidents or forceful risky and illegal operations. For the first time, theresponsible party of the “Mine Accident of September8th” at Pingdingshan, Henanwas sued with the intentional crime for risky operations that endanger public safety, acrime that could be sentenced to death. Such a sentence has caused major controversyboth inside and outside of the court room. Mr. Li and Han, as the senior managers ofthe coal mine, well understood the safety regulations and the effect of the use of gassensors in mining operations. If the sensors are ineffective or deserted because ofhuman intentional damages, the innocent miners would be put under risky conditionswhen the gas exceeds the safety limit. Therefore, Mr. Li, Han and others understoodthe consequences of directing someone to damage the gas sensors, i.e., they knew wellin advance that their action could cause possible disasters. But they did not take anypreventive actions after knowing the gas in the mine already exceeded the limit, worsestill they conducted a series of safety-breaking operations. It is easy to conclude thatthey really do not care about the eventual major accident that caused humancasualty.Willingly or not, there is objective connections between the humanintentional damaging operations conducted by Mr. Li and Han and the disaster, suchoperations would induce the disastrous outcome, and there is a clear causativerelationship between their actions and the casualty. Therefore, Li and Han subjectivityhad indirect intention to let go the disastrous consequences of unspecified casualtiesand objectively directed others to damage safety facilities, forced miners to go miningunder known unsafe conditions, falsified production information etc., a series ofpro-active and subjective behaviors that are in conformity with the crime forendangering public safety with risky operations, so they must be sentenced with sucha crime, not the crime for forcing regulation-breaking risky operations. The courtdecision to criminalize and sentence Li and Han with the crime for endangering publicsafety with risky operations properly applied the related laws with adequatesentences.

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