不报、谎报安全事故罪研究

On the Crime of Concealing or Report Deceitfully about Any Accident

不报、谎报安全事故罪的主体是负有报告职责的人员,主要是生产经营单位的主要负责人、分管安全生产作业的负责人以及其他对安全生产作业负有组织、指挥、监督、管理职责的人员。本罪的时间要素是在安全事故发生后,行为要素是不报或者谎报事故情况,结果要素是贻误事故抢救,且达到情节严重的程度。本罪的主观罪过是故意,且一般是间接故意。

The subject of the crime of concealing or report deceitfully about an accident is the persons who have the responsibility to report the accident. In practice, the subject of the crime is the chief person in charge of the production and operation units, the person responsible for the production and operation safety as well as other persons who have the duties of organizing, directing, supervising or managing the production and operation safety. The time element of the crime is after the accident, the actus reus element of it is not reporting or lying about the accident and the element of consequence is delaying the rescue and the circumstances of the crime is serious. The mens rea element of the crime is intention, and generally indirect intention.