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构成铁路运营安全事故罪的要件有哪些

更新时间:2026-07-21 07:59:03 周记网3年前 (2023-09-06)百科中心2639

(一)客体要件

构成铁路运营安全事故罪的要件有哪些

(1) Object element

本罪侵犯的客体是铁路运输的正常秩序和铁路运输的安全。

The object of this crime is the normal order and safety of railway transportation.

构成铁路运营安全事故罪的要件有哪些

铁路是国民经济的大动脉,担负着全国最大比重的旅客和货物运输任务。铁路运输连结各行各业、千家万户。这些交通运输活动一旦发生重大事故,就会危及公共安全,使人民生命财产遭受重大损失。

The railway is the main artery of the national economy and undertakes the largest proportion of passenger and cargo transportation tasks in the country. Railway transportation links all walks of life and thousands of households. Once major accidents occur in these transportation activities, public safety will be endangered and people's lives and property will suffer heavy losses.

(二)客观要件

构成铁路运营安全事故罪的要件有哪些

(2) Objective elements

本罪在客观方面表现为在铁路运输活动中违反规章制度,因而发生运营事故,情节严重的行为。

This crime is objectively manifested as a serious act of violating rules and regulations in railway transportation activities, resulting in operation accidents.

1、行为必须违反同保障铁路运输安全有直接关系的各种规章制度。“违反规章制度”,是构成本罪的前提,同时,由于这种违反规章制度的行为,导致了铁路运营事故的发生。如果运营事故不是由违反规章制度的行为所引起,则行为人不负处罚。铁路职工违反规章制度的行为可以是作为,如超速行驶、错扳道岔、错发信号等,也可以是不作为,如过道口未鸣笛示警、扳道员不按时扳道岔、岔道口不减速等。

1. The behavior must violate various rules and regulations directly related to the safety of railway transportation. "Violation of rules and regulations" is the premise to constitute this crime. At the same time, this violation of rules and regulations has led to the occurrence of railway operation accidents. If the operation accident is not caused by the violation of rules and regulations, the perpetrator will not be punished. The behaviors of railway staff in violation of rules and regulations can be acts, such as speeding, wrong switch, wrong signal, etc., or acts of omission, such as failure to whistle at the crossing, failure of the switch to switch on time, failure to slow down at the crossing, etc.

2、必须造成发生重大事故,致人重伤、死亡或者便公私财产遭受重大事故,致人重伤、死亡或者使公私财产遭受重大损失的严重后果。本条所称“严重后果”,一般是指造成了人员重伤、公,私财产的重大损失;经常违反规章制度,屡教不改,以致酿成运营事故;明知列车关键部件有失灵危险,仍继续驾驶,以致造成运营事故,等等。“特别严重后果”,一般是指造成人员死亡或多人重伤,公私财产遭受巨大损失等。

2. It must cause serious accidents, causing serious injury or death to people or causing serious accidents to public and private property, causing serious injury or death to people or causing serious losses to public and private property. The term "serious consequences" as used in this article generally refers to serious injury to personnel and heavy loss of public and private property; Frequent violation of rules and regulations, repeated teaching, resulting in operational accidents; Knowing that the key components of the train are in danger of failure, they continue to drive, resulting in operation accidents, etc. "Particularly serious consequences" generally refer to causing death or serious injury to many people, and huge loss of public and private property.

3、严重后果必须是违章行为引起的,二者之间存在因果关系。违反规章制度,致人重伤、死亡或者便公私财产遭受重大损失的行为,必须发生在从始发车站准备载人装货至终点车站旅客离去、货物卸完的整个交通运输活动过程中。

3. The serious consequences must be caused by violations, and there is a causal relationship between them. The act of violating rules and regulations, causing serious injury or death to people or causing heavy losses to public and private property, must occur in the whole transportation process from the departure station to the terminal station where passengers leave and goods are unloaded.

(三)主体要件

(3) Main elements

本罪的主体为特殊主体。只有铁路职工才能成为本罪主体。这里所称的铁路职工,是指具体从事铁路运营业务与保证列车运营安全有直接关系的人员。包括具体操纵机车的司机;铁路运营设备的其他操纵人员,如扳道员、挂钩员;列车运营活动的直接领导和指挥人员,如调度员;列车安全的管理人员,如信号员,等等。如果是铁路部门的非运营第一线职工,则不能成为本罪主体。

The subject of this crime is a special subject. Only railway workers can become the subject of this crime. The railway staff here refers to the personnel who are directly involved in the railway operation business and ensure the safety of train operation. Including the driver who operates the locomotive; Other operators of railway operation equipment, such as switchman and hooker; Direct leader and commander of train operation activities, such as dispatcher; Train safety management personnel, such as signalman, etc. If they are the non-operating front-line employees of the railway department, they cannot become the subject of this crime.

(四)主观要件

(4) Subjective element

本罪在主观方面表现为过失,包括疏忽大意的过失和过于自信的过失。这种过失主要是指行为人对危害后果的态度而言。行为人在违反规章制度上可能出于故意。但他对于发生交通肇事的严重后果则是过失的,即他应当预见未预见到可能发生严重后果,或者虽然预见,但轻信可以避免,以致发生了严重的后果;如果出于故意,就不属于铁路运营安全事故罪,而属于其他犯罪。

This crime is shown as negligence in subjective aspects, including negligence and overconfidence. This fault mainly refers to the actor's attitude towards the harmful consequences. The perpetrator may deliberately violate the rules and regulations. However, he was negligent about the serious consequences of the traffic accident, that is, he should have foreseen the possible serious consequences, or although he had foreseen, he could have avoided them credibly, so that serious consequences occurred; If it is intentional, it does not belong to the crime of railway operation safety accident, but belongs to other crimes.

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