论危险作业罪的罪数问题

On the Quantity of Crimes of Dangerous Work Crimes

根据竞合论之原理,危险作业罪与非法制造、买卖、运输、邮寄、储存爆炸物罪或非法制造、买卖、运输、储存危险物质罪的竞合关系为交叉竞合,择一重处断适用后一罪名;危险作业罪与危险驾驶罪系交叉竞合,择一重处断适用危险作业罪;危险作业罪与重大责任事故罪、重大劳动安全事故罪、危险物品肇事罪、组织他人违章冒险作业罪等事故类犯罪属于法条竞合之补充关系,按照全面评价原则,应当适用主要条款即以事故类犯罪处断;危险作业罪与非法采矿罪或破坏计算机信息系统罪是想象竞合关系,应当择一重罪即适用后一罪名处断。

According to the principle of concurrence theory,the concurrence relationship between the crime of dangerous operations and the crime of illegal manufacturing,trading,transportation,mailing,storage of explosives or the crime of illegal manufacturing,trading,transportation,storage of dangerous goods is cross concurrence,and the latter one applies to the second one;The crime of dangerous operation and the crime of dangerous driving are overlapping and competing,and the crime of dangerous operation shall be punished with a heavier punishment;The crime of dangerous operations and the crime of major liability ac⁃cidents,the crime of major labor safety accidents,the crime of causing accidents with dangerous goods,and the crime of organizing others to engage in illegal and risky operations belong to the complementary rela⁃tionship between laws and regulations.According to the principle of comprehensive evaluation,the main clause should be applied,that is,the crime of accidents should be punished.The relationship between the crime of dangerous operation and the crime of illegal mining or the crime of destroying computer informa⁃tion system is imaginative concurrence,and the latter one should be applied to the felony.