关于对《刑法》第137条立法完善的探讨

On the Legislative Perfection of the Article 137 of the Criminal Law

《刑法》第137条规定的工程重大安全事故罪,作为《刑法》规制工程建设领域的重要罪名存在着严重的立法缺陷.该法条的罪名应当概括为工程重大质量事故罪;客观方面的"违反国家规定"应当修改为"违反工程建设强制性标准",同时增设过失危险犯,扩大《刑法》的规制范围;犯罪主体由特殊主体修改为一般主体;主观方面区分故意与过失;将单位犯罪的单罚制改为双罚制,同时提高法定刑.

The serious safety accident crime in engineering field of Article 137 of the criminal law as an important criminal charge has serious legislative defects and this article discusses deeply about the legislative perfection of this article. It holds that the criminal charge should be summarized as the serious quality not safety accident crime in engineering field, the violation of state regulations should be modified as the violation of compulsory standard, the negligent potential damage offense should be stipulated, the range of such crimes of volience should be extended. It also puts forward the point of view that special subject should be modified as general subject, the intentional and ne distinguished in subjective aspects, the single penalty system should crimes and the punishment should be enhanced. gent criminal mentality should be changed into double one for unit