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The Fire Prevention Accident Caused by Negligence Crime Studies

Author: FanBingFeng
Tutor: HuXiangFu
School: Nanchang University
Course: Legal
Keywords: Fire accident responsibility Constitute a crime Identified Legislation
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 86
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Abstract

Fire accidents due to negligence of Crimes against public security offences is one of the common practice in a crime. With the continuous social development, increasing social wealth in the same time, lead to more and more dangerous fire, fire hazards is also growing. As a result of fire accidents due to negligence of the public security and the people’s lives and property caused great harm. China’s until 1997, the 5th session 8th NPC to amend the Criminal Law, new fire accident caused by negligence. But in the theoretical circle and judicial practice, did not cause much shock or response. The reason is that many aspects, and this article is to combine typical cases of fire, fire accidents due to negligence crimes clarify the legal theory and practice in the controversy over the crimes of analysis.The text of chapter 4 of this article:ChapterⅠ:Overview of fire accident responsibility. A brief review of the Crime of fire accidents trajectory, from the late fifties to the fire laws and regulations of the general provisions of criminal legislation to fire accidents in 1997 was formally written into the Penal Code the crime. A summary of the understanding of sin, to pave the way for further analysis of the crime.ChapterⅡ:This is the core of this paper, that of fire accidents constitute the crime to conduct a comprehensive analysis. Elements of the main points in terms of the subjective aspect, object, objective aspects of the four parts, of which the objective aspect is the focus of this object. The main body of fire accident responsibility for the general subject, in the part of the article focused on the subject of this crime is a special or general subject. This subjective aspect of this crime can only insist on criminal negligence. The object of this crime is a violation of public security and the state fire supervision order. Objective, the paper discusses the key to start, unraveling theOversight bodies from the fire, "notice" started by "refuse" to "serious consequences" caused by, and between cause and "causal relationship", step by step to the characteristics of the objective aspect of the crime presented. On the objective aspect of this crime in a comprehensive understanding of the shortcomings in the performance of naturally get. Offense-based recommendations do foreshadowing.ChapterⅢ:Fire the Crime accidents. Fire accident responsibility for the identification, I first distinguish between the fire accident responsibility Zuiyufeizui boundaries, and then combined with typical cases of fire accidents focuses on the crime of fire accidents and the Major Accident, fire, crime, dangerous goods Crime boundaries. Both from theory and case definition of further help understanding of the crime.ChapterⅣ:Fire Accident Offense. Analysis of fire accidents in the objective aspect of crime and punishment type of problems in legal punishment. That this crime in the "supervisory authority notified by the fire refused to implement corrective measures taken," the negative factors exist, and the legal punishment of this crime, and there is a single sentence types Statutory Sentence anomaly. And the further improvement of this section made specific recommendations. Mainly to "inform the supervisory authority by the fire refused to implement corrective measures taken to" remove, add criminal penalties and increase the intensity of species.

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