Research on the Issues of Legal Applicability for the Crime of Forcing and Organizing Others to Violate Regulations to Engage in Risky Work
The Eleventh Amendment to the Criminal Law has readjusted the range of applicability for the crime of forcing and organizing others to engage in illegal and risky operations,and changed the original single charge to selective charges.In the practical judicial application process,attention should be paid to the subjective aspect of this crime,which is at least an indirect intentional crime.When determining whether there are potential hazards of(serious)accidents,judicial officers should make substantive judgment by referring to the preceding administrative laws and regulations.The core essence of the crime of forcing others to violate regulations to engage in risky work is to go against the others'will,and the specific content of the others'will should not be a constituent element that hinders the perpetrator from establishing this crime.The term"not excluding"in the description of the crime of organizing others to engage in illegal and risky work should be understood as failing to effectively exclude it.When judicial officers are determining whether the perpetrator constitutes this crime,it is necessary to investigate whether major accident hazards have existed all the tine.
KnowinglyPotential Hazard of the AccidentForcing Others to Violate RegulationsNot ExcludeDangerous to Organize
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