The agreement signed by Party A and Party B is invalid. The compensation for the death of coolies shall be borne by all three parties of ABC.
Criminal responsibility should not be borne by A alone.
C according to the industrial injury insurance regulations.
B according to the provisions of the unauthorized building of houses and other penalties.
A if a major safety accident is established, it will not be severely sentenced. (I personally don't think it constitutes this crime)
Crime of major engineering safety accident
I. Concept
The crime of major engineering safety accidents (article 137 of the Criminal Law) refers to the behavior of the construction unit, design unit, construction unit and engineering supervision unit in violation of state regulations, lowering the engineering quality standards and causing major safety accidents.
Second, the composition of the crime
(A) the object elements
The object of this crime is the safety of people's property and life and the national building management system.
In recent years, with the development of China's construction market, there has been a phenomenon of chaotic management in some places. Some units have violated state regulations and lowered the quality standards of projects. Some construction units have deliberately lowered their prices and obtained kickbacks when contracting projects. Some contractors and middlemen also make big profits, arbitrarily increasing the unproductive cost of the project; Some construction units blindly compress the construction period, reduce costs, cut corners, cut corners, ask for bribes, covet personal gain, and ignore people's lives and property. In Liaoning, Dalian, Deyang, Sichuan, Wuhan, Hubei, Dongguan, Guangdong, Guangzhou, Shenzhen and other places, a series of major construction accidents have occurred, such as building collapse, balcony landing, beam fracture and so on. 1On March 25th, 1997, a dormitory building collapsed in Jiangkou Town, Putian City, Fujian Province, killing 3 1 female workers. According to 1994 statistics, the qualified rate of residential projects in large and medium-sized cities in China is only 81%; 1995 sampling inspection of six provincial capital cities shows that the qualified rate of building structure engineering quality is only 8 1.94%, which means that about 1.5 houses have hidden dangers. When the criminal law is revised, it is of great significance to add the provisions of the crime of construction accidents to punish the persons directly responsible for such accidents according to law and control the man-made disasters in the construction market.
(b) objective factors
Objectively, this crime is manifested as an act of violating the state regulations, lowering the engineering quality standards and causing major safety accidents. Violation of state regulations and serious consequences are the essential characteristics of this kind of criminal behavior. The so-called violation of state regulations refers to violation of state laws and regulations on quality supervision and management of construction projects. There are mainly two kinds of illegal behaviors of the construction unit: one is to ask the architectural design unit or construction enterprise to reduce the project cost or increase the number of buildings, thus reducing the project quality; The second is to provide unqualified building materials, building components and equipment, forcing the construction unit to use them, resulting in a decline in project quality. The illegal behavior of architectural design units is mainly not to design according to quality standards. There are three kinds of violations by construction units: first, cutting corners during construction and deliberately using unqualified building materials, building components and equipment; Second, not according to the design drawings; Third, the construction is not carried out according to the construction technical standards. The above-mentioned violations are the root cause of major safety accidents in construction projects.
There is a causal relationship between violating state regulations and causing serious consequences. That is, acts that violate state regulations have serious consequences. If there is no causal link between violating state regulations and causing serious consequences, it does not constitute this crime.
However, not any violation of the relevant state regulations on safety in production constitutes a crime, and only acts that cause major safety accidents, cause serious consequences and endanger public safety constitute a crime. The so-called major safety accident refers to the collapse of a construction project due to the quality of the project, resulting in serious injuries, deaths or major economic losses. This is an important condition of this crime. According to the experience of judicial practice and relevant regulations, the so-called major casualty accident generally refers to the death of more than one person or the serious injury of more than three people. The so-called serious consequences include both heavy casualties and major direct economic losses. The amount of direct economic loss is generally more than 50 thousand yuan. Although the direct economic loss is less than the above-mentioned amount, the circumstances are serious. If the production and work have suffered heavy losses, the criminal responsibility of the directly responsible personnel shall also be investigated.
(3) Main elements
The subject of this crime is a special subject and a unit crime. The main body can only be the construction unit, design unit or construction unit and project supervision unit. The so-called construction unit refers to an enterprise engaged in real estate development and management for the purpose of making profits, or other units that are approved by the relevant state departments and have the qualification of project builders and can pay the project price. Design units refer to survey and design units undertaking survey and design tasks and other survey and design units undertaking survey and design tasks. Construction units refer to construction enterprises engaged in civil building expansion, reconstruction, line and pipeline, equipment installation, architectural decoration and other projects. Including engineering construction general contracting enterprises and construction contracting enterprises. Engineering supervision unit refers to the unit that specializes in supervision and management of construction projects to ensure quality and safety.
(4) Subjective factors
This crime is subjectively manifested as negligence. It can be negligence or overconfidence. The negligence mentioned here refers to the psychological state of the harmful consequences caused by the actor to himself. But for those who violate state regulations, they sometimes knowingly commit crimes. The actor knew that he had violated the state regulations and should have foreseen the possible serious consequences. However, due to negligence, he did not foresee them, or although he had foreseen some serious consequences, his credulity could have been avoided, resulting in serious consequences.
Third, identify
(a) the boundary between this crime and general safety accidents
Both of them violate the national regulations and lower the engineering quality standards. The key to distinguish them is whether they have caused a major safety accident. Design units, construction units, and engineering supervision units violate state regulations, lowering engineering quality standards and causing major safety accidents, which constitutes the crime of major engineering safety accidents; If the above-mentioned units violate the provisions of the state and lower the engineering quality standards, resulting in major safety accidents, which do not constitute a crime, the directly responsible personnel shall be given administrative punishment, or they shall bear corresponding legal responsibilities according to the relevant construction contracts.
(2) The boundary between the crime of major safety accidents and the crime of major liability accidents.
Both of them are negligent crimes, and both of them take serious legal consequences as the necessary conditions to constitute a crime, but they are obviously different. (1) The subject of the crime is different. The criminal subjects of the crime of major engineering safety accidents are construction units, design units, construction units and engineering supervision units, which belong to unit crimes; The main body of the crime of major liability accident is the employees of factories, mines, forest farms, construction enterprises or other enterprises and institutions, which belongs to the crime of natural persons. (2) The objective performance is different. The crime of major safety accidents in engineering is objectively manifested as the act of violating state regulations, lowering engineering quality standards and causing major safety accidents; The crime of major liability accident is manifested as disobedience to management, illegal command, or forcing workers to take risks in violation of regulations, resulting in major casualties or other serious consequences.
Fourth, punishment.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
The major safety accidents here, according to the Regulations on Reporting and Investigation Procedures of Major Accidents in Engineering Construction issued by the Ministry of Construction, refer to accidents in which the construction project collapses or is scrapped, the machinery and equipment are destroyed, and the safety facilities are improper, resulting in serious injuries, deaths or major economic losses during the construction process. The so-called consequences are particularly serious, which mainly include the following situations in judicial practice: (1) causing many deaths and serious injuries; (two) the direct economic losses are particularly huge; (3) After a major safety accident, the actor behaves badly, such as failing to take active measures to prevent the harmful results from expanding or deliberately forging and destroying the scene in an attempt to evade responsibility; (4) Knowing that there is no safety guarantee, even if an accident is discovered, the actor still refuses to listen to dissuasion, refuses to adopt correct opinions and remedial measures, and goes his own way, which eventually leads to a major safety robbery. It is also necessary to comprehensively investigate the facts, circumstances and specific harm procedures of the crime in order to select and determine different types of punishment within the selected sentencing range.
V. Legal and judicial interpretation
[Criminal Law Provisions]
Article 137 Where a construction unit, design unit, construction unit or project supervision unit violates the provisions of the state and lowers the project quality standards, thus causing a major safety accident, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
[Related Laws]:
Article 69 of the Construction Law, if a project supervision unit colludes with a construction unit or a construction enterprise to practise fraud and reduce the quality of the project, it shall be ordered to make corrections, be fined, lower its qualification level or revoke its qualification certificate; If there is illegal income, it shall be confiscated; If losses are caused, they shall bear joint and several liability for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law. If a project supervision unit transfers its supervision business, it shall be ordered to make corrections, confiscate its illegal income, and may be ordered to suspend business for rectification and lower its qualification level; If the circumstances are serious, the qualification certificate shall be revoked.
Article 72 If a construction unit violates the provisions of this Law and requires an architectural design unit or a construction enterprise to violate the quality and safety standards of construction projects and lower the quality of the projects, it shall be ordered to make corrections and may be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.
Seventy-third architectural design units do not design in accordance with the quality and safety standards of construction projects, shall be ordered to make corrections and impose a fine; If a project quality accident is caused, it shall be ordered to suspend business for rectification, lower the qualification level or revoke the qualification certificate, confiscate the illegal income and impose a fine; If losses are caused, it shall be liable for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 74 If a construction enterprise cuts corners during construction, uses unqualified building materials, building components and equipment, or commits other acts that do not conform to the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; If the circumstances are serious, it shall be ordered to suspend business for rectification, lower its qualification level or revoke its qualification certificate; If the quality of a construction project does not meet the prescribed quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; If a crime is constituted, criminal responsibility shall be investigated according to law.