Authors | Li Tian, Huang Shurui
1. Preface
INTRODUCTION
Due to the unique nature of factory operations, plant operators and work supervisors must prioritize workplace safety throughout the production process. If, during the course of work, one violates relevant safety management regulations and thereby causes a major casualty accident or other serious consequences, such conduct may constitute the crime of major liability for an accident, and the perpetrator shall be subject to criminal liability.
This article primarily compiles the elements constituting the crime of major liability for work-related accidents, regional judicial tendencies in similar cases, and relevant laws and regulations, with the aim of providing factory operators, employers, and workers with an overview of the legal framework and judicial practice pertaining to this offense.
2. Constitutive elements of the crime of major liability for work-related accidents
The crime of major liability for work-related accidents refers to cases where, in the course of production or operations, violations of relevant safety management regulations result in a major accident causing casualties or other serious consequences; such acts are punishable by imprisonment of no more than three years or criminal detention. In particularly grave cases, the penalty is imprisonment of more than three years but no more than seven years. It can be seen that if the elements of the crime of a major liability accident are met—namely, “the perpetrator violates safety management regulations during production activities and causes serious consequences” and “subjectively holds a negligent belief that the consequences could have been avoided”—then the crime of a major liability accident is established. If the circumstances also meet the criteria for “particularly egregious circumstances,” the enhanced sentencing provision shall apply, imposing a fixed-term imprisonment of no less than three years but no more than seven years.
Elements of the crime of major liability accident
3. Regional Case Judgment Tendencies
(I) Analysis of the time and regions where similar cases have occurred over the past decade
As shown in the figure, the incidence rate of crimes involving major liability accidents increased year by year from 2015 to 2019, reaching its peak in 2019. Since then, it has declined annually and continues to show a downward trend, indicating that, following a period of frequent occurrences of similar cases, employers have gradually placed greater emphasis on and fulfilled their duty to ensure workplace safety, thereby enhancing their awareness of the risks associated with criminal liability.
According to statistics, the regions with the highest incidence of major responsibility accident cases are Jiangsu Province, Henan Province, Shandong Province, Guangdong Province, and Zhejiang Province. Compared with other regions, the aforementioned areas are characterized by a developed economy, a high degree of industrialization, high population density, and a diversified industrial structure. Due to uneven levels of safety management and regulatory enforcement, in order to reduce the occurrence of major accidents involving liability, these regions need to further strengthen workplace safety management and legal awareness campaigns, enhance the safety consciousness of both employers and workers, and intensify oversight and law enforcement to ensure safety and stability throughout the production process.
Time Analysis Visualization
Regional Analysis Visualization
(II) Analysis of Industries with High Incident Rates
As shown in the figure below, the financial industry, construction industry, manufacturing industry, transportation and warehousing services, and wholesale and retail trade are sectors with a high incidence of crimes involving major liability accidents. Within Guangdong Province, the real estate industry, financial industry, wholesale and retail trade, and manufacturing industry are the primary sectors involved. The aforementioned industries are typically large in scale, involving extensive activities, personnel, and resources, and they rely heavily on safe production and operations. This makes regulatory oversight challenging and increases the potential risk of safety-related accidents.
It is worth noting that the financial industry accounts for the highest proportion because insurance companies, which may bear liability for compensation, have participated as parties in criminal cases involving major accidents that also include civil claims.
Industry Analysis Visualization
Industry Analysis Visualization (Guangdong Province)
(III) Analysis of Judgments in Similar Cases (Guangdong Province)
According to statistical analysis, in the adjudication of cases involving the crime of major liability for accidents within Guangdong Province, instances in which the first-instance judgment is entirely dismissed are extremely rare, accounting for only 1.98%. Among second-instance judgments, the rate of upholding the original verdict is relatively high, standing at 70.82%. This signifies that, in adjudicating cases involving the crime of major liability for work-related accidents, courts place great emphasis on safeguarding public safety, production safety, and the legitimate rights and interests of victims.
Visualization of First-Instance Judgment Results (Guangdong Province)
Visualization of Second-Instance Judgments (Guangdong Province)
(IV) Analysis of the Claimed Amount and Awarded Damages (Guangdong Province)
In cases of the crime of major liability for work-related accidents, the largest proportions of claimed amounts fall within the ranges of RMB 100,000 to RMB 500,000 (33.48%), RMB 500,000 to RMB 1 million (22.91%), and RMB 1 million to RMB 5 million (26.87%). The largest proportions of awarded damages fall within the ranges of under RMB 100,000 (38.22%) and RMB 100,0
00to RMB 500,000 (36%).
This reflects that, due to the severe consequences and adverse impacts of major liability accidents, a high proportion of lawsuits involve substantial claims. Judgments predominantly award low compensation amounts, indicating that courts, when rendering judgments, comprehensively consider factors such as the at-fault party’s financial capacity, the victim’s actual losses, and the social impact, thereby arriving at a reasonably balanced award.
Visualization of Claim Amount Analysis (Guangdong Province)
Visualization of Award Amount Analysis (Guangdong Province)
(V) Analysis of Major Penalties (Guangdong Province)
In cases of the crime of major liability for work-related accidents, the responsible party typically bears criminal liability in the form of a term of imprisonment or detention, together with a fine, which is consistent with the provisions of relevant laws and regulations and reflects the court’s application of the principle of proportionality between crime, culpability, and punishment during the trial process.
Visual Analysis of Principal Penalties (Guangdong Province)
Visualization of Analysis of Supplementary Penalties (Guangdong Province)
4. Relevant laws, regulations, and judicial interpretations
This article visually organizes the elements constituting the crime of major liability for work-related accidents, including the timing, geographic distribution, and industries involved in similar cases, as well as the court rulings, sentencing outcomes, and relevant laws, regulations, and judicial interpretations. It is hoped that this article will serve as a valuable reference for factory operators and employers, helping to strengthen workplace safety management and reduce operational risks.
Lawyer Introduction
Attorney Li Tian
Senior Partner, Guangdong Zhiheng (Dongguan) Law Firm
Bachelor of Engineering, Certified Public Accountant, Tax Advisor,
Asset Appraiser, Senior Corporate Compliance Officer
timlilawyer@163.com
Working language:Chinese, English
Professional Field:
Capital markets and investment–financing services (New Third Board, foreign-invested companies seeking listing), criminal defense in economic crime cases, civil and commercial litigation and arbitration (including cross-border matters), corporate tax and financial consulting.
Social positions:
Emerging Talents in Foreign-Related Legal Practice in Guangdong Province
Member of the Hong Kong, Macao, Taiwan and Foreign Affairs Committee of the Dongguan Lawyers Association
Member of the Financial Securities and Capital Markets Law Professional Committee of the Dongguan Lawyers Association
Research Findings:
“Compliance Risk Prevention and Response for Dongguan Enterprises ‘Going Global’ in the Context of Globalization” and “The Investment Environment for Foreign-Invested Enterprises in Dongguan and Pathways to Building a Law-Based Business Environment”
Legal service product:
“Comprehensive Legal Services for the Entire Investment Process of Foreign-Invested Enterprises in China”
“Full-Process Legal Service Product for Self-Liquidation of Foreign-Invested Enterprises”
For business inquiries, please scan the QR code to add us on WeChat.
Huang Shurui
Intern Attorney, Guangdong Zhiheng (Dongguan) Law Firm
Bachelor of Laws
huangshurui66@163.com
Working language:Chinese, English
Professional Field:
Cross-border investment, international trade, corporate legal counsel
Research Findings:
“The Investment Environment of Foreign-Invested Enterprises in Dongguan and the Path to Building a Law-Based Business Environment”
Internship Experience:
Once interned at a certain court, participating in tasks such as drafting courtroom transcripts and preparing legal documents.
Previously interned in the legal affairs department of a municipal market supervision bureau, where I participated in mediation and legal publicity activities.
For business inquiries, please scan the QR code to add us on WeChat.
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Zhiheng · Introduction
