关于将水上运输船舶有关违法行为纳入危险作业罪入罪范围的思考

Thoughts on the Inclusion of Relevant Illegal Acts by Waterway Transportation Vessels in the Scope of Dangerous Operation Crime

危险作业罪是《刑法修正案(十一)》新增设的罪名。通过对危险作业罪立法背景及特点、水上运输船舶有关违法行为纳入危险作业罪入罪范围、刑事移送存在的困难等问题研究,提出相关工作建议,以期推动水上运输船舶危险作业罪行刑衔接机制的建立。

The crime of dangerous operation is a new category of crimes added to the Criminal Law in its 11th amendments. The paper studies the legislation background of the new crime and its characteristics, violations by ships engaged in maritime transportation which fall into the scope of the new crime, and the difficulties in the transfer to criminal procedures. It also puts forward suggestions with a view to establishing a connection scheme for the involvement of ships of maritime transportation in dangerous operation crimes.