基于危险理论的危险工作犯罪的判断方法的研究
Chenyu Hao1, Yunxiao Fan1, Yi Niu1
1School of Engineering & Technology, China University of Geosciences (Beijing), China.
International journal of occupational safety and ergonomics : JOSE
|February 21, 2025
概括
中国中国中国中国.
科学领域:
- 法律研究 法律研究
- 职业安全与健康问题 职业安全与健康问题
- 风险管理 风险管理
背景情况:
- 中国的2021年刑法修正案引入了危险工作的犯罪.
- 这一法律将责任扩展到危险条件,即使没有事故.
- "真正的危险"缺乏明确的定义,阻碍了科学判断方法.
研究的目的:
- 分析关于危险工作犯罪的判决.
- 发现"真实危险"评估中的缺陷.
- 优化基于危险理论的判断方法.
主要方法:
- 分析了151个关于危险工作的法律判决.
- 危险理论和危险三角模型的应用.
- 对危险因素的统计分析和风险评估原则.
主要成果:
- 判决显示不完整的危险元素描述和不一致的危险源单位.
- 启动机制往往过于简单化,缺乏风险评估.
- 现有的方法无法科学评估"真正的危险".
结论:
- 为危险工作犯罪制定了一种精细的判断方法.
- 最优化的模型解决了当前法律实践中的缺陷.
- 增强的方法准确性提高了对危险工作情况的评估.
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