Study on the judgment methodology of crime of dangerous work based on hazard theory

Objectives. The Amendment (XI) to the Criminal Law of the People's Republic of China, effective March 1, 2021, introduced the crime of dangerous work, extending criminal liability concerning work safety in China to hazardous conditions even without actual accidents. However, the core element 'real danger' remains undefined, resulting in the absence of a scientifically rigorous judgment methodology for the crime of dangerous work. Methods. This study analyzed 151 judgments on the crime of dangerous work using hazard theory. The descriptions of real danger in these judgments were categorized and statistically analyzed using the hazard triangle model, and the judgment methodology was optimized and improved according to the principles of hazard identification and risk assessment. Results. The judgements featured incomplete descriptions of the three hazard elements, discrepancies in the units of hazard sources, overly simplistic explanations of the initiating mechanism and an overall absence of risk evaluation to the real danger. Based on these insights, the judgment methodology was refined in line with hazard theory. Conclusion. The study ultimately developed an optimized judgment model for assessing the crime of dangerous work, addressing existing deficiencies and enhancing methodological precision.