2021年《刑法修正案（十一）》设立危险作业罪,首次将在安全生产领域具有造成重大伤亡事故的现实危险纳入刑法的规制，这是主动应对日益增加的社会风险的刑法举措，也是积极预防性刑法观在刑事立法领域的体现。危险作业罪的设立是对我国安全生产犯罪法律体系的进一步完善，对预防在生产作业过程中发生重大伤亡事故起到了积极的作用。由于危险作业罪设立至今尚不足两年，在适用上仍处于探索阶段，这就导致该罪在高频适用的发展态势和不明确的裁判规则的矛盾下产生了许多的问题。面对危险作业罪适用的现实情况，本文通过理论与实证分析相结合的方法，找出司法现象背后反映出的实际问题，深入分析问题产生的原因，以此对司法实践中的危险作业罪做出更为明确、更为精细的解释，从而为危险作业罪的适用提供科学的路径。

文章的主体内容由以下章节组成：

第一章是对危险作业罪适用现状的梳理并指出存在的问题。通过对全国范围内的97份危险作业罪裁判文书进行实证研究，根据对样本案例描述性统计分析的结果，总结出危险作业罪在我国司法实践中具有的特点：一是案件数量增长迅速，地区分布差异大；二是涉案人群特征明显；三是司法适用轻罪特征明显；四是司法适用情形相对集中。同时指出危险作业罪在适用中出现了司法认定标准不明确导致过罪化、量刑失衡使得难以充分实现刑罚目的、在行刑衔接上“有案就移”单向移送泛滥等具体问题。

第二章是深入分析危险作业罪适用问题的理论争议和具体成因。通过对理论的研究和对司法适用的实证分析，得出危险作业罪司法认定标准不明确的主要原因是在客观方面和主观方面的认定上都存有理论争议；刑罚目的难以充分实现是因为对宽严相济刑事政策的理解存在偏差，尚未有明确的量刑标准使得司法机关自由裁量空间较大；行刑衔接制度的不完善则是由于理论研究的不足和制度设计存在缺陷。

第三章是针对危险作业罪适用存在的问题提出完善的建议。在定罪层面，应当以限缩解释为基础明确对客观方面的认定标准，将罪过形式解释为故意犯罪；在量刑层面，应当制定具体明确的量刑适用标准，进一步规范缓刑的适用；在行刑衔接方面，应当通过制度建设畅通案件“双向移送”渠道，建立起多部门会商机制以完善安全生产行刑衔接体制。

In 2021, the Criminal Law Amendment (XI) established the crime of hazardous operations, which for the first time included the realistic risk of causing major casualties in the field of safety in production into the criminal law. It is a manifestation of the proactive and preventive criminal law concept in the field of production safety, and is a criminal law measure to proactively address the increasing social risks. The establishment of the crime of hazardous operations is a further improvement of the legal system of production safety crimes in China, and has played a positive role in preventing major casualties in production operations. The application of the crime of hazardous operations has not been completed for more than two years, and its judicial application is still in the exploratory stage. This has led to many problems under the contradiction between the development trend of high-frequency application of this crime and the unclear judicial rules. In the face of the problems that arise in the judicial application of the crime of dangerous work, it is urgent to explore the problems and reasons behind its judicial phenomenon through research, and make a more detailed and operational explanation of the crime of dangerous work in judicial practice, so as to provide a scientific path for the judicial application of the crime of dangerous work.

The main content of the article consists of the following chapters:

The first chapter is a review of the current judicial application of dangerous work crimes and points out the existing problems. Through empirical research on 97 judgment documents of dangerous work crimes nationwide, and based on the results of descriptive statistical analysis of sample cases, the characteristics of dangerous work crimes in China's judicial practice are summarized: firstly, the number of cases increases rapidly and the regional distribution differences are large; Secondly, the characteristics of the involved population are obvious; Thirdly, the characteristics of misdemeanor in judicial application are obvious; Fourthly, the judicial application situation is relatively concentrated. At the same time, it is pointed out that there are specific problems in the judicial application of the crime of dangerous operations, such as unclear judicial identification standards leading to criminalization, imbalanced sentencing leading to the inability to achieve the purpose of punishment, and the proliferation of one-way transfers of "case by case" in the execution connection.

The second chapter is an in-depth analysis of the theoretical controversy and specific causes of the judicial application of the crime of dangerous operations. Through theoretical research and empirical analysis of the judicial application of dangerous work crimes, the unclear judicial determination standards for dangerous work crimes are mainly due to theoretical disputes in both objective and subjective aspects of determination; The inability to achieve the purpose of punishment due to the imbalance in sentencing is due to a deviation in the understanding of leniency of punishment, and the lack of clear sentencing standards, which leads to a large amount of discretionary space; In terms of the execution linkage system, it is due to insufficient theoretical research and problems in system design.

The third chapter proposes suggestions for improving the judicial application of dangerous work crimes. At the level of conviction, the criteria for determining objective aspects should be clarified based on limited interpretation, and the form of offense should be interpreted as intentional crime; At the sentencing level, specific and clear sentencing application standards should be formulated to standardize the application of probation; In terms of execution connection, it is necessary to establish a multi departmental business opportunity system through institutional construction to facilitate the "two-way transfer" of cases and improve the safety production execution connection system.