论业务过失危害公共安全犯罪的处罚

Discussion on the Punishment for Crimes of Endangering Public Security Caused by Professional Negligence

我国《刑法》对业务过失与普通过失危害公共安全犯罪的处罚规定不相同,前者的处罚明显轻于后者,存在刑罚设置失衡的问题。基于理论、理念、实践三方面依据,加重业务过失危害公共安全犯罪的处罚,是贯彻罪刑责相适应原则的体现。除此之外,还应当完善刑种设置,重视非刑罚处罚措施的补充作用。

In the Criminal Law of the People’s Republic of China,there are different provisions on penalties for professional negligent crimes and common negligent crimes which endanger public safety.Obviously,the punishment of the former is lighter than that of the latter,and the penalty setting is unbalanced.On the basis of theory,idea and practice,it is an embodiment of the principle of matching punishment with crime and responsibility to increase penalties for professional negligent crimes that endanger public safety.In addition,the punishment types should be improved and attention should be paid to the supplementary effect of non-penalty measures.