Back to Search Start Over

Some Considerations for the Crime Due to Doing No Report or False Report on Safety Casualty.

Authors :
Peng Fu-Shun
Source :
Journal of Northeastern University (Social Science) / Dongbei Daxue Xuebao (Shehui Kexue Ban); 2008, Vol. 10 Issue 5, p438-442, 5p
Publication Year :
2008

Abstract

It is necessary to pay attention objectively to the understanding of the constituent elements when accusing a crime due to doing no report or doing false report of a safety casualty, such as "the fact that one didn't report or did false report", "conditions of a safety casualty" and "delaying the rescue and/or salvage in casualty". The principle of concurrent punishment for several crimes is regarded as reasonable if the crime of safety casualty correlated with other similar crimes done by the same one (s). However, the relevant criminal(s) should be accused just according to the crime of safety casualty itself if it correlated with the guilt of misuse of authority and/or ignoring one' s duty. Now the crime is legally and usually attributed to the case of involuntary violation of law, but in the case there are some complicated internal contradictions to a certain extent. So, defining simply the crime as a case of involuntary violation of law is a legislative oversight, and it is necessary to modify one of the law provisions to the case, i.e. , change "the cases of gross violation" to "the cases of causing severe event". It implies that perfecting legislatively the relevant provisions for the crime by getting rid of the degree of violation but by the severity of the actual result of the criminal act. [ABSTRACT FROM AUTHOR]

Details

Language :
Chinese
ISSN :
10083758
Volume :
10
Issue :
5
Database :
Supplemental Index
Journal :
Journal of Northeastern University (Social Science) / Dongbei Daxue Xuebao (Shehui Kexue Ban)
Publication Type :
Academic Journal
Accession number :
41342256