Misidentification and Correction of Dangerous Operation Crime
The Criminal Law Amendment(XI)adds the crime of dangerous operation,which to a certain extent represents the attitude change of the criminal law from the punishment after the event to the prevention and management concept in advance,In favor of prevent the frequent occurrence of major safety accidents and effectively promote the balance between the development of safety production and the order of safety production.The"real danger"of the crime is in essence a kind of dangerous state with objective and serious infringement of legal interests.We should adhere to the basic position of limiting its understanding,and judge whether it has the possibility of transforming into a major accident according to its specific scene in the process of concrete identification.As for the"mode of conduct",it only stipulates three modes of conduct:concealing hidden dangers of accidents,refusing to eliminate hidden dangers of accidents,and engaging in highly dangerous production and operation activities without legal approval or permission for matters related to production safety,which shows that the state holds a prudent attitude towards them.As for the subjective,it can only be identified as intention,but not as negligence,not only the requirement of following the principle of statutory punishment,but also depends on the dual punishment system,and can be reflected in many judicial practices.In addition,we should pay attention to the relationship between the relate crimes.
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