铁路事故监管责任研究——兼谈大部制改革对铁路检察实务的影响

On Supervisory Responsibility of Rail Accidents——And on the impact of super-ministries reform on railway judicial practice

时有发生的铁路运营安全事故中,由于相关罪名认定可能存在竞合、刑罚处置可能存在空档的情形,故肩负安全监管职责的管理人员与铁路一线职工的刑责追究问题需细致厘析。在铁路系统曾经的"政企不分""独立司法"和铁路司法改革破冰,铁道部撤并、新设国家铁路局及中国铁路总公司,希求"政企分开"的大部制改革背景下,铁路检察实务打击渎职类行为时对犯罪主体问题应审慎甄别。

As for the accidents occured during railway operation from time to time, since there might be overlaps of articles of law when cognizing crimes and blank gaps of articles of law when conducting punishments, it is quite neccessary to figure out the accountability of those managers who shoudering the security regulatory responsibility and those staffs who working at the front-line. In the railway system, under the circumstance of ＂Integrating Government Functions with Enterprise＂ and ＂Judicial Independence＂ , the icebreaking of reformation in railway justice, the removing and combinating of railway departments, the establishing of The National Railway Bureau and China Railway Corporation, as well as the Super- Ministries Reforming for the purpose of ＂ Separating Government Functions from Enterprises＂, the determination of subjects of crime, when railway judicial institutionsfight against crimes of dereliction of duty, should be conducted scrupulously.