试论重大劳动安全事故罪的构成要件特征

On Constitutive Factors of Serious Accident Crime in Labor Security

本文分析了重大劳动安全事故罪的构成要件特征,认为该罪主体概念中的“单位”应是无所有制性质限定的广义概念,认为该罪主观方面应表现为轻信的过失并进一步阐释了该罪的犯罪客体和客观特征,对该罪的罪名也提出了质疑。

The paper analyses the requisite features in constitution of major labor safety accident crime, and holds that “ the unit” in the concept of the crime's subject should be a concept in broad sense, without being restricted by the nature of ownership.The paper also holds that the subjective aspect of the crime should be expressed as the negligence of readily believe, and makes a further explanation of the crime's criminal object and objective features, and also queries the accusation of the crime.