Even if having an accident is past

(Five)the verdict of this case has caution and milestone function
Reporter:This case will to hereafter what influence does the affairs being similar to have?
Six quick:This case announces verdict to hereafter took place again similar trouble to contain good caution function.Was similar to trouble before probably many sentenced to punish by great responsibility trouble offense, the punishment was more obviously light than to endanger public and safe offense in dangerous way.Someone may embrace by luck mental, don,t have an accident certainly had better, even if having an accident is past, at most judge for seven years.But the profits breaking the law to illegally open mines is very big, Be worth emitting to order strong risk.But now dissimilarity, the circumstance seriously probably emits the risk of "drop head", so force these people to have to be afraid of before carrying out concrete behavior.

T take result as to want path

Reporter:Safety from now on produces trouble how punish and sentence?
He Bing:Originally sentence just with the great responsibility trouble, the weakness is just to cans sentence after the trouble take place.Now sentence a pass to move before, as long as having the behavior of this harm public safety and then can sentence, this from result direction alignment process direction, pursue to head for before the event to pursue after being engaged in."The past was a result direction, person is dying just could sentence, the person didn,t die, Be free.Now is to occupy past have no trouble, all want to be responsible for, as long as being suspected of endangering a public safety in dangerous way and did this matter, will be responsible for."This case at 《 safety production method 》and the breakthrough of《penal code 》 have two, the first is to position to public behavior the production behavior of the mineral industry and involve the behavior of public safety.Explained from the legal theory, public is public, the public safety is everyone is safety, including public place, public order, public property and public life, was suffused with so from the breadth of angle to say, the homework area of mineral well also was regarded as a public place and saw so, concentrating numerous minerals wells that the miner produces can also calculate to make is a public space.The second is to don,t take result as to want path, but takes process as to want path.

Offense from the great responsibility trouble to harm public and safe offense change

He Bing:Offense from the great responsibility trouble to harm public and safe offense change, come up to speak to is also the breakthrough of this case in the certain degree.Used great responsibility trouble before offense to sentence, canned be to wait trouble to come out, killing the talented person could sentence.And the in order to dangerous method endanger public and safe offense to sentence of an advantage be, doing not appear important trouble can also sentence.Endanger public and safe offense in dangerous way, even if have never resulted in result, also can judge for commit crime.Be placed to the insecurity mineral to the worker and labor in the well, equal a crime, not necessarily must have an accident past.This also has a certain caution function to the case in our country aftertime.Is also bright to safe producing a caution light, is also caution towards illegally breaking the law safe production of.

What is the direction that the safety produces a trouble punishment and sentences

He Bing:On this foundation, I think that the heavy Dian punishes severely to just cure form, but can not cure inside.How solve this problem, I think to raise to compensate a limit, if kill a person to make him compensate 5,000,000, the mineral is long to go bad family members.
(Four)compared quantity Xing to have which breakthroughs formely with the same kind case
Reporter:What is the direction that the safety produces a trouble punishment and sentences ?Did 《safety production method 》 and 《penal code 》 have breakthrough in linking up?
Six quick:Such as front say, to safety production trouble of the punishment mutually contact with the property of case.Owing to the safety produces trouble repeatedly hair, incline toward to over-emphasize while handling, this is also a kind of law direction.But this kind of over-emphasizes to mean while measuring Xing in the legal Xing inside over-emphasize, in sentencing the nonentity over-emphasize of problem.Consequently can not get the conclusion that 《safety production method 》 and 《penal code 》 there is breakthrough in linking ups from here.Can say, 《penal code 》 is still that 《penal code 》 , but the judicial idea has breakthrough while applying, probably before a say that taking place to settle a dispute in the production, homework is past, thoughts of to apply great responsibility trouble offense right away, then now according to case concrete circumstance to settle, may also according to endanger a public and safe offense theory in dangerous way place, for example this case.No matter with which criminal charges sentence, premise or from the concrete fact of the case decision.Not is say now from strict handle, regardless of case concrete fact, can not say an every important safety production trouble all according to endanger a public and safe offense theory in dangerous way place.