不报、谎报安全事故罪的司法适用问题研究

A Research on the Application of Justice in the Crime of Failing to Report or Making up to Report Safety Accidents

2006年通过的《中华人民共和国刑法修正案(六)》新增了不报、谎报安全事故罪。要认定本罪,应注意理解"不报或者谎报"、"贻误事故抢救"及"情节严重"三个要素;本罪与其他安全事故犯罪发生关联适用时,应数罪并罚;本罪与滥用职权罪或玩忽职守罪发生关联适用时,应对不报、谎报安全事故情况的国家机关工作人员以滥用职权罪论处。

The Sixth Amendment of Criminal Law set up a new count called ＂the Crime of Failing to Report or Making up to Report Safety Accidents＂ in 2006.It is necessary to pay attention objectively to the understanding of the constituent elements when a crime due to doing no report or doing false report of a safety casualty is accused,such as ＂the fact that one didn t report or did false report＂,＂delaying the rescue＂ and ＂serious cases＂.The principle of concurrent punishment for several crimes is regarded as reasonable if the crime of safety casualty is correlated with other similar crimes done by the same one. However, the relevant criminal should be accused just according to the guilt of misuse of authority if the crime of safety casualty-correlated is connected with the guilt of misuse of authority and/ or ignoring one＇s duty.