灾害与事故之辨:自然灾害次生事件的性质认定与责任衡量

The Distinction between Disasters and Accidents: Characterization of and Liability for Secondary Events of Natural Disasters

  • 摘要: 自然灾害和生产安全事故看似不易混淆,前者由自然因素引发,后者由人的生产经营活动引起。但在自然灾害次生事件的场景下,却经常出现将本应定性为生产安全事故的事件认定为自然灾害的情形。其原因在于,自然和人为技术致灾因子复合,灾害向事故的转化缺乏标志性节点,且灾害和事故的事后追责体系双轨并行。区分不同情况下自然灾害次生事件的性质,需要在明确生产经营单位注意义务的基础上,建构以灾害可预见性为主观标准、以违反防范义务为行为标准、以事故可回避性为结果标准的具体规则。如认定为生产安全事故,还应进一步从预见可能性高低、作为可能性大小、损害结果轻重三个维度衡量生产经营单位的责任。

     

    Abstract: Natural disasters and work safety accidents are not easily confused: the former are triggered by natural factors, while the latter are caused by human production and operational activities. However, in the scenario of secondary events of natural disasters, there are often cases where incidents that should be classified as production safety accidents are recognized as natural disasters. The reasons for this are the compounding of natural and human-technological hazard factors, the lack of criteria for defining the transformation of disasters into accidents, and the dual-track liability system for natural disasters and production safety accidents. Distinguishing the nature of secondary events of natural disasters in different situations requires clarifying the duty of care of production and management units, and constructing specific rules based on the subjective criterion of disaster predictability, the behavioral criterion of violating the duty of precaution, and the outcome criterion of accident avoidability. If they are recognized as production safety accidents, the responsibility of the production and management units should be further measured in terms of three dimensions: the degree of predictability, the possibility of acts, and the severity of the outcome of the damage.

     

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