What are the requirements for the crime of endangering public safety?

Hello, 1. The relationship between the crime of dangerous driving and the crime of traffic accident.

The offence of dangerous driving is an intentional offence, while the offence of traffic offence is a negligent offence, and there seems to be no connection between the two, but it is not. From the perspective of the constitutive elements of the crime, the crime of causing a traffic accident is constituted by illegal driving (such as running a red light, speeding, drunk driving, etc.) and the damage result of causing death or injury or major property loss. In this way, drunk driving in the crime of dangerous driving is a driving violation in the crime of traffic accidents, and it can be seen that there is a certain connection between the two crimes.

As for the difference between the two, the following analysis can be made:

1. According to most people's understanding, drunk driving constitutes the crime of dangerous driving, and the crime of causing traffic accidents is a consequential crime, therefore, if drunk driving does not cause any actual harm or the harmful result caused is less than the result required by the crime of traffic accident, it will be convicted and punished according to the crime of dangerous driving;

2. If the actual harmful result caused by the drunk driving act meets the requirements of the constitutive elements of the crime of causing a traffic accident with regard to the consequences, and the actor is only negligent about the actual harmful result, then it should be handled as the crime of causing a traffic accident, because in this case, the actual harmful result has already exceeded the scope of the constitutive elements of the crime of dangerous driving, and naturally there is no room for its application, and the act of drunk driving establishes an imaginary joint offense of the crime of dangerous driving and the crime of causing a traffic accident, and can only be punished heavily, and the crime of causing a traffic accident is used to convict and sentence.

II. The relationship between the crime of dangerous driving and the crime of endangering public safety by dangerous means.

There are many similarities between the crime of dangerous driving and the crime of endangering public safety by dangerous means, both are intentional crimes, both are crimes in Chapter II of the Criminal Code, the object of the infringement is public safety, and they are both dangerous offenders in nature, which makes it difficult to distinguish between them. In order to accurately distinguish between the crime of dangerous driving and the crime of endangering public safety by dangerous means, the key is to find out whether the dangerous driving behavior is "other dangerous methods" in the crime of endangering public safety by dangerous means. It is generally accepted that "other dangerous methods" is limited to methods equivalent to arson, flooding, **, and the release of dangerous substances, and does not refer to any method that has the nature of endangering public safety.

In other words, only when the act of drunk driving causes a danger to public safety equivalent to arson, **, etc., it is classified as "other dangerous methods" in the crime of endangering public safety by dangerous means. At this time, if the act of drunk driving constitutes an imaginary joint offense of the crime of dangerous driving and the crime of endangering public safety by dangerous means, it shall be punished as a felony and punished as the crime of endangering public safety by dangerous means; On the other hand, if the act of drunk driving only causes a general danger to public safety, it can only be convicted and sentenced for the crime of dangerous driving. Hope it helps.

The crime of endangering public safety refers to intentionally or negligently committing acts that endanger a specific number of lives, health, public or private property, or public property or safety.

Characteristics of the crime of endangering public safety:

1. This type of crime violates the public safety of the society, and the so-called public safety refers to the specific number of lives, health, public and private property security, and public property and security, and its essential characteristics are specific, that is, the harm of this type of crime is limited to specific property, and the harm caused by its infringement is often determined in advance, and the control is often determined in advance.

2. The objective manifestations of this type of crime are the commission of acts that endanger public safety and endanger public safety.

3. The subjects of this type of crime, both general subjects and special subjects, are all composed of the crimes of arson, destruction of transportation facilities, hijacking of aircraft, and so forth.

4. The subjective aspect of this type of crime manifests itself in two forms of crime, namely, criminal intent, including direct intention, indirect intentional arson, and sabotage of vehicles;

Legal analysis: 1. Object elements: The object of the crime is public safety, that is, the life, health and major public and private property safety of an unspecified number of people, as well as the safety of public production and life.

2. Objective elements: The crime is objectively manifested as carrying out various acts that endanger public safety, which can be manifested as either an act or an omission. An offence is committed as long as the perpetrator's criminal conduct is sufficient to endanger public safety.

However, if an act that endangers public safety is carried out negligently, it must cause serious harmful consequences in order to constitute a crime.

3. Subject Elements: Most of the subjects of the crime are ordinary subjects, and a small number are special subjects. In addition, some of these crimes can be constituted by units, while others can only be constituted by units.

Any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility may become the subject of the crime.

4. Subjective elements: The crime of Changqiao is subjectively manifested as the intent of the crime, including direct intent and indirect intent. The so-called intent means that the perpetrator clearly knows that his or her conduct endangers public safety and may cause significant losses to an unspecified number of people or public or private property, and hopes or allows such a result to occur.

Legal basis: Criminal Law of the People's Republic of China

Article 114 Whoever endangers public safety by arson, breaching water, or disseminating poisonous, radioactive, infectious disease pathogens, or other substances or by other dangerous means, and has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 115 Whoever causes serious injury or death to a person or causes major losses to public or private property by setting fire, breaching water, or disseminating poisonous, radioactive, or infectious disease pathogens, or by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever commits the crime in the preceding paragraph by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.

Article 116 Whoever destroys trains, automobiles, trams, vessels, or aircraft in such a way as to cause the train, automobile, tram, vessel, or aircraft to be in danger of overturning or destroying them, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 117 Whoever destroys tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carries out other sabotage activities sufficient to cause the danger of overturning or destroying trains, automobiles, trams, ships, or aircraft, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 118 Whoever destroys electricity, gas or other inflammable or explosive equipment, endangering public safety, and has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

The conditions for constituting a crime endangering public safety are: 1. The majority of the criminal subjects are general subjects, and a small number are composed of special subjects; 2. In the subjective aspect of crimes, some crimes are manifested as recklessness, and some are negligence; 3. The object of the crime is the public safety of the society; 4. The objective aspect of the crime is that various acts that endanger public safety have been carried out, and actual harmful consequences have already been caused, or although they have not caused actual harmful consequences, they are sufficient to endanger public safety.

[Legal basis].

Article 114 of the Criminal Law of the People's Republic of China: Whoever sets fires, breaches water, or releases poisonous, radioactive, infectious disease pathogens or other substances or endangers public safety by other dangerous means, and has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 115 Whoever causes serious injury or death to a person or causes major losses to public or private property by setting fire, breaching water, or disseminating poisonous, radioactive, or infectious disease pathogens, or by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Whoever negligently commits the crime remaining in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.

Legal Analysis: Constitutive Elements of the Crime of Endangering Public Safety: 1. Object Elements:

public safety; 2. Objective elements: It is mainly manifested in the fact that Huai has committed various acts that endanger public safety; 3. Main subject elements: general subjects, a few special subjects; 4. Subjective elements:

Manifest as deliberate. Examples: arson, water spout, ** crime, etc.

Legal basis: Article 114 of the Criminal Law of the People's Republic of China: Where arson, flooding, or the release of toxic radioactive infectious disease pathogens or other substances or other dangerous methods endanger public safety, and no serious consequences have been caused, a sentence of between three and ten years shall be given.

The constitutive conditions for the crime of endangering public security are as follows: 1. Object Elements: The object of the crime of endangering public security is public security, that is, the life, health, and safety of major public and private property of an unspecified number of people, as well as the safety of public production and life.

2. Objective elements: The crime of endangering public safety is objectively manifested as the commission of various acts endangering public safety, which can be expressed as either an act or an omission. 3. Main elements:

The majority of the subjects of crimes endangering public safety are ordinary subjects, and a small number are composed of special subjects. 4. Subjective elements: The crime of endangering public safety is subjectively manifested as criminal intent, including direct intent and infrequent intent.

Article 114 of the Criminal Law of the People's Republic of China Article 115 of the Criminal Law of the People's Republic of China.

1. Manifested intentionally in the subjective aspect;

2. The subject is an ordinary subject, and the unit may become the subject of this crime;

3. The object is the state's management order of social and public security;

4. Objectively, it is manifested in the perpetrator's deliberate use of dangerous methods to infringe upon the rights to life and health of an unspecified number of persons or the rights of major public or private property.

The crime of endangering public safety refers to conduct that endangers the lives and health of the general public and the safety of public or private property, and is sufficient to cause death or injury to many people or cause major losses to public or private property.

Criminal Law of the People's Republic of China

Article 114.

Whoever endangers public safety by arson, flooding, or disseminating poisonous, radioactive, infectious disease pathogens, or other substances by other dangerous means, and has not yet caused serious consequences, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 115.

Whoever causes serious injury or death to a person or causes major losses to public or private property by arson, breaching water, or disseminating poisonous, radioactive, or infectious disease pathogens, or by other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever negligently commits the crime in the preceding paragraph is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.

1. What are the key elements of the crime of endangering public safety?

1. The constitutive elements of the crime of endangering public safety are as follows:

1) The object of the crime of endangering public safety is public safety;

2) The crime of endangering public safety is objectively manifested in the commission of various acts endangering public safety;

3) The majority of the subjects of crimes endangering public safety are ordinary subjects, and a small number are special subjects;

4) The crime of endangering public safety is subjectively manifested as the intent to commit the crime.

2. Legal basis: Article 114 of the Criminal Law of the People's Republic of China.

Whoever commits arson, breaches water, or releases poisonous, radioactive, infectious disease pathogens, or endangers public safety by other dangerous means, and has not yet caused serious consequences, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

II. What are the sentencing standards for the crime of endangering public safety?

The sentencing standards for the crime of endangering public safety are as follows:

1. Where the crimes of arson, breaching water, or ** are constituted in the crime of endangering public safety, a sentence of 3 to 10 years imprisonment is to be given;

2. Where serious injury or death is caused, or major losses are caused to public or private property, a sentence of 10 or more years imprisonment, life imprisonment, or death is to be given.