Criminal law can be divided into broad sense and narrow sense. The broad criminal law is the general name of all criminal legal norms, and the narrow criminal law only refers to the criminal code. Associated with broad criminal law and narrow criminal law, criminal law can also be divided into general criminal law and special criminal law. Ordinary criminal law refers to the criminal law with universal application effect, and actually refers to the criminal code. Special criminal law refers to the criminal law that only applies to a specific person, a specific time, a specific place and a specific event (crime). In China, it is also called single criminal law and subsidiary criminal law. General principles of criminal law refers to the norms that are expressly stipulated in the criminal law and should be followed in all criminal legislation and judicial activities. The Criminal Law of People's Republic of China (PRC) stipulates three basic principles, namely, the principle of a legally prescribed punishment for a crime, the principle of equal application of criminal law and the principle of adaptation between crime and punishment.
A criminal sentenced to public surveillance shall observe the following provisions during the execution:
(1) Abide by laws and administrative regulations and obey supervision;
(2) Without the approval of the administrative organ, the right to freedom of speech, publication, assembly, association, procession and demonstration shall not be exercised;
(3) to report their activities according to the provisions of the executive organ;
(four) abide by the provisions of the administrative organs on the reception of visitors;
(five) to leave the city or county where he lives or to move, he shall report to the executing organ for approval.
Article 135 (Crime of Serious Labor Safety Accidents) If the labor safety facilities of factories, mines, forest farms, construction enterprises or other enterprises and institutions do not meet the requirements stipulated by the state, and the employees of relevant departments or units fail to take measures against hidden dangers of accidents, resulting in serious casualties or other serious consequences, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
This article is amended as: If the facilities or conditions for safe production do not meet the requirements of the state, resulting in heavy casualties or other serious consequences, the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. See Criminal Law Amendment (VI).
And according to the Criminal Law Amendment (VI), one of the 135th articles is added. If large-scale mass activities are held in violation of safety management regulations, resulting in heavy casualties or other serious consequences, the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The crime of this article is the crime of major safety accidents in large-scale mass activities.
Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance.
(1) Shut down or destroy the monitoring, alarm, protection and life-saving equipment and facilities directly related to safety production, or tamper with, conceal or destroy the data and materials related to it.
(2) Refusing to implement the order to stop production and business, stop construction, stop using relevant equipment, facilities and places or take immediate corrective measures to eliminate the danger.
(3) engaging in dangerous production activities such as mining, metal smelting, construction and the production, management and storage of dangerous goods without approval or permission according to law.
Three, in violation of relevant safety management regulations, including the following three situations.
(1) Various laws, regulations and other normative documents on production safety promulgated by the state.
(2) Various rules and regulations formulated by enterprises, institutions and their superior management organs that reflect the objective laws of production safety, including rules, systems, articles of association, provisions, methods and systems in technology, production operation, technical supervision, labor protection and safety management.
(3) Although it is not expressly stipulated, it reflects the objective laws and requirements of safe operation in production, scientific research, design and construction, and is recognized by employees as effective operating habits and practices in practice.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 135 of the Criminal Law of People's Republic of China (PRC)
(Crime of Major Labor Safety Accidents) If the labor safety facilities of factories, mines, forest farms, construction enterprises or other enterprises and institutions do not meet the requirements stipulated by the state, and the employees of relevant departments or units still fail to take measures against the hidden dangers of accidents, resulting in heavy casualties or other serious consequences, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.