摘要
Abstract
The establishment of crime of dangerous operation conforms to the legislative trend of expanding the crime circle in the form of micro crime under the active preventive criminal law view,but there are problems in the judicial practice application process,such as the lack of substantive limited identification and the confusion of the application of related charges,resulting in the dilemma of vague identification standards and unclear application of charges.To this end,the content of"relevant safety management provisions"is divided according to the nature of normative violations,the judgment standard of"real danger"is refined,the intentional nature of the crime is clear,and the constitutive elements of the crime of dangerous operation are limited and interpreted,so as to realize the concrete conviction standard of the crime of dangerous operation.Therefore,on the basis of clear subjective and objective elements,the classification standard and competitive application of related charges are clarified,and the judicial application path under the petty micro-crime management of crime of dangerous operations is sought.关键词
危险作业罪/微罪/安全生产/现实危险/犯罪竞合Key words
crime of dangerous operation/micro-crime/safe production/present danger/criminal concurrence分类
社会科学
