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Hello, lawyer. The dangerous house belongs to public safety

ask****155 Zhejiang Shaoxing Other consultation 2020.01.07 11:24:26 476 people read

lawyer Hello, dangerous house belongs to public safety

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Region: Sichuan Chengdu

The object of infringement is social public security, that is, the widespread destruction of unspecified casualties or major public and private property, rather than the infringement of personal rights of a specific individual or a small loss of specific public and private property. This is the most essential characteristic of the crime of endangering public security, which is different from other kinds of crimes.
(2) The objective elements are the situations that have implemented various behaviors endangering public security and have caused actual damage consequences, or have not caused actual damage consequences, but are sufficient to endanger public security. Some specific crimes in this kind of crimes constitute the completion of a crime as long as the perpetrator has committed a specific act expressly prescribed by law, which is enough to endanger public security. Most of the subjects of crimes against public security are general subjects, and a few should be composed of special subjects.
(4) Subjective elements Some crimes are intentional, others are negligence. The concentration of negligent crimes is another prominent feature of this kind of crimes.

Reply at 11:50:26 on January 7, 2020

Hello, my answer to your question is that as long as you violate the Criminal Law, it is a crime against public security. Traffic accident crime is classified as Criminal Law
Chapter II "Crimes against Public Security".
Article 133 Whoever violates the laws and regulations governing traffic and transportation, thereby causing a serious accident that causes serious injury, death or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
  
Article 133-1 Whoever drives a motor vehicle on the road shall be sentenced to criminal detention and a fine under any of the following circumstances:
  
(1) Chasing and racing, and the circumstances are bad;
  
(2) Driving a motor vehicle drunk;
  
(3) Engaging in school bus business or passenger transportation, which seriously exceeds the rated passenger capacity or the specified speed per hour;
  
(4) Transporting hazardous chemicals in violation of the regulations on safety management of hazardous chemicals, endangering public safety.
The owner and manager of motor vehicles shall
Item 3
Those who are directly responsible for the fourth act shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.

Hello, my answer to the question of what law the crime of endangering public security belongs to is as follows. Because of the importance of public security, those who endanger public security by dangerous means will be investigated for criminal responsibility. Then, what is the sentencing of the crime of endangering public security by dangerous means
The crime of endangering public security by dangerous means is a general crime. It is an act that intentionally endangers public security by means of dangerous means other than setting fire, breaking water, exploding and throwing dangerous substances. The object of the crime is public security, and the subjective performance is intentional.
Since the crime of endangering public security by dangerous means belongs to the crime of endangering public security, when identifying such a crime, we must strictly grasp the specific elements that constitute the crime of endangering public security. We cannot blindly expand the interpretation, nor arbitrarily narrow its scope, confuse the boundaries between crime and non crime, this crime and that crime, resulting in inaccurate conviction and improper sentencing.
In accordance with the provisions of Articles 114 and 115 of the Criminal Law, if anyone endangers public security by dangerous means, but has not caused serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. If the crime causes serious injury, death or heavy losses to public or private property, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Criminal Law of the People's Republic of China
Article 114 Whoever commits arson, breaches water, explodes, releases dangerous substances, or endangers public security by dangerous means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years if serious consequences have not been caused.
Article 115 Whoever commits arson, breaches the water, explodes, releases dangerous substances, endangers public security by dangerous means, or releases toxic, radioactive, infectious disease pathogens or other substances, or uses other dangerous means to cause serious injury or death, or cause heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years Life imprisonment or death penalty.
Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, if the circumstances are relatively minor, to fixed-term imprisonment of not more than three years or criminal detention.

1. The perpetrator's act of making an explosion can constitute a crime of endangering public security. Whoever commits the crime of explosion, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes serious injury or death to another person or causes heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
2. Legal basis: Criminal Law
Article 114 Whoever commits arson, breaches a dike, explodes, spreads virulent, radioactive or infectious disease pathogens or endangers public security by other dangerous means, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 115 Whoever commits arson, breaches a dike, explodes, drops poisonous, radioactive, infectious disease pathogens or other substances, or uses other dangerous methods to cause serious injury or death to another person or cause heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

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