What are the essential characteristics of the crime of endangering public safety? Thank you!

Hello! The characteristics of the crime against public safety are as follows:

1. Object: public safety.

1) Differing understandings of public safety.

danger to the life, health or significant property of unspecified persons;

danger to the life, health or substantial property of a large number of people;

danger to the life, health or significant property of an unspecified number of persons and a large number of persons;

danger to the life, health or significant property of an unspecified or large number of persons;

2) An understanding of the unspecific.

It refers to the fact that the object of the harmful act and the possible result cannot be determined, the actor can neither specifically predict nor actually control it, and the danger of the act or the harmful results caused by the act may expand or increase at any time;

If the perpetrator's conduct is clearly directed at a specific person or property, but in fact endangers the safety of an unspecified person or property, it is also a danger to public safety;

If the perpetrator uses dangerous methods to commit a crime, and the damage that may be caused is consciously limited to the scope of not endangering public safety, and objectively there is no result of endangering public safety, it is not a threat to public safety.

2. Objective aspect.

1) Committing acts that endanger the life, health, or safety of major public or private property of an unspecified person or a large number of people;

2) In terms of the manifestation of behavior, there is.

endanger public safety by dangerous means;

destroying public tools and facilities and endangering public safety;

carrying out terrorist or dangerous activities that endanger public safety;

endangering public safety in violation of regulations on the management of firearms and ammunition;

Causing major liability accidents and endangering public safety.

3) This crime includes dangerous offenders, actual offenders, consequential offenders, and behavioral offenders.

3. Criminal subjects: There are both general subjects and special subjects.

4. Subjective aspects of the crime: both intentional and negligent.

About sin: mental attitudes towards the consequences of actions.

More detailed information could be provided to provide more accurate legal advice.

It is public safety: the personal or property safety of an unspecified number of people.

The essence of the crime of endangering public safety is that the object of the crime is public safety, that is, the safety of the life, health, and major public and private property of an unspecified number of people, as well as the safety of public production and life. Its essential characteristic is that it is not specific, and it is often impossible to predict and control the objects of such crimes and the harmful consequences that they may cause in advance. If the perpetrator's criminal act does not infringe on the life, health, or major public or private property of an unspecified number of people, but only a specific individual or a specific public or private property, it does not constitute the crime of endangering public safety.

Subject matter elements. The object of this crime is public security. That is, the life, health and security of major public and private property of an unspecified number of people.

Objective elements. This crime is objectively manifested in the commission of acts that endanger public safety by other dangerous means, causing serious consequences. In judicial practice, there are various forms of crimes of negligently endangering public safety by other dangerous means, and there are no clear provisions in the legislation as to which forms they include, and the following two points should be grasped in judicial practice:

1) Negligence by other dangerous methods refers to dangerous methods other than fire, negligent flooding, negligent poisoning; (2) Negligent use of other dangerous methods refers to methods that endanger public safety that are equivalent to the danger and social hazards of fire, negligent flooding, negligent poisoning, and negligence. Therefore, the determination of the crime of negligently endangering public safety by other dangerous means cannot be interpreted indefinitely, nor can the scope of its application be arbitrarily expanded. The crime of negligently endangering public safety by dangerous means must objectively possess the following three characteristics at the same time:

1) The perpetrator carried out other dangerous methods, that is, dangerous methods other than fire, flooding, **, and poisoning, and equivalent to dangerous methods, endangering public safety. If the criminal method used is obviously not compatible with the serious danger of fire, **, etc., it is not enough to endanger public safety and does not meet the objective characteristics of this crime. (2) It has caused serious consequences that endanger public safety, causing serious injury or death to an unspecified number of people, or causing serious damage to public or private property.

If no harmful result is caused or the harmful result is not serious, this crime is not constituted. (3) The serious consequences must be caused by acts that endanger public safety by other dangerous means. Principal Elements.

The subject of this crime is a general subject, and anyone who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility can constitute it. Subjective element. This crime is manifested in negligence in the subjective aspect, and the material construction includes the negligence of overconfidence and the negligence of negligence, that is, the perpetrator has foreseen the serious consequences of endangering public safety that may occur in his use of other dangerous methods, but the credulous belief can be avoided; Or it should have been foreseen that such a serious result might have occurred, and it was negligent not to foresee it, so that such a serious result had occurred.

Both of these negligences have a negative attitude towards the occurrence of serious consequences that endanger public safety, and neither want nor allow them to occur. This feature is the subjective basis for the perpetrator to bear the punishment.

Legal Analysis: The object of the crime of endangering public security is the public security of society, that is, the safety of the lives of an unspecified or large number of people, the health of the healthy people, and the safety of major public and private property. The most important thing in understanding the object of the crime of endangering public safety is the awareness of non-specificity.

The non-specificity includes two aspects: (1) the non-specificity of the object of the crime. The non-specificity of the crime of endangering public safety is first manifested in the non-specificity of the object of the crime.

The non-specificity of the object is further divided into two situations: one is that the actor subjectively has his specific object of infringement, and the objective situation makes it impossible for the actor to subjectively have a specific object, thus presenting non-specificity. (2) The non-specificity of the harmful results.

The non-specificity of the crime of endangering public safety is secondarily manifested in the uncertainty of the possible outcome. This is the main and obvious manifestation of non-specificity. Specifically, it includes the unspecified size, quantity, and degree of possible infringement.

Whether or not it endangers the life, health, or security of public or private property of an unspecified number of people is an important indicator of distinguishing public security crimes from other types of crimes.

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

Article 114 Whoever endangers public safety by arson, flooding, flooding, or disseminating poisonous, radioactive, infectious disease pathogens, or other substances or by other dangerous means, but 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 damage to public or private property by setting fires, breaching water, or disseminating substances such as poisonous, radioactive, or pathogens of infectious diseases, 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 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. Paraphrase.