(1) Main body
The subject of this crime is a special subject, namely Unit crime 。 The main body can only be the construction unit, design unit, construction unit and project supervision unit. The so-called construction unit refers to an enterprise engaged in real estate development and management for the purpose of making profits, or other units that have been approved by the relevant departments of the state, are qualified as project builders and can pay the project price. The term "design unit" refers to the survey and design unit that undertakes survey and design tasks specially and other survey and design units that undertake survey and design tasks. The construction unit refers to the construction enterprise engaged in the expansion and reconstruction of new projects such as civil construction, pipeline, equipment installation and building decoration. These include general contracting enterprises and construction contracting enterprises. The project supervision unit refers to the unit that specially supervises and manages construction projects to ensure quality and safety.
(2) Subjective aspects
This crime is manifested as negligence in the subjective aspect. It can be caused by negligence or overconfidence. The negligence mentioned here refers to the psychological state of the perpetrator to the harmful results he has caused. However, the perpetrator sometimes knowingly violates the state regulations. The perpetrator, knowing that it is a violation of the state regulations, should have foreseen the possible serious consequences, but failed to do so due to negligence, or had foreseen some serious consequences, but believed that they could be avoided, leading to serious consequences.
(3) Object
The object of this crime is the property and life safety of the people and the national construction management system.
(4) Objective aspects
The objective aspect of this crime is that it violates the national regulations, lowers the project quality standards, and causes major safety accidents. The essential characteristic of this criminal act is that it violates the state regulations and causes serious consequences. The so-called violation of national regulations refers to the national laws statute 。 There are mainly two kinds of violations by the construction unit: one is to require the architectural design unit or construction enterprise to reduce the project cost or increase the number of floors for building, thereby reducing the project quality; The second is to provide unqualified building materials, components, fittings and equipment and force the construction unit to use them, thus causing the decline of project quality. The main violation of architectural design units is that they do not design according to quality standards. There are three main violations of the construction unit: first, jerry building materials in the construction, intentional use of unqualified building materials, components and equipment; Second, construction is not in accordance with the design drawings; Third, construction is not in accordance with construction technical standards. The above violations are the root cause of major safety accidents in construction projects.
There is a causal relationship between violation of national regulations and serious consequences. That is to say, the serious consequences are caused by the behavior in violation of national regulations. If there is no causal link between the act in violation of state regulations and serious consequences, it does not constitute this crime.