Object elements. The object of this crime is public safety. That is, the life, health and safety of the unspecified majority and the safety of major public and private property. Objective elements. This crime is objectively manifested as the act of destroying portable gas or other flammable and explosive equipment, which has serious consequences. The act of destroying inflammable and explosive equipment must cause serious consequences to constitute this crime. The serious consequences here refer to serious injury, death, heavy losses to public and private property, or serious disruption to public production and living order. This serious consequence is usually caused by the carelessness of the actor in his daily life and work. Personnel who directly manage and operate flammable and explosive equipment, who command in violation of regulations in production operations and have a major accident due to negligence, thus causing serious injuries, deaths or heavy losses of public or private property, shall be convicted of the crime of major accidents. Theme elements. The subject of this crime is the general subject, that is, anyone who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute it. Subjective factors. Subjectively, this crime is manifested as negligence, including overconfidence negligence and negligence negligence. That is, the actor should have foreseen the possible serious consequences of his behavior of destroying flammable and explosive equipment, but he did not foresee it due to negligence; Or although it has been foreseen, credulity can be avoided, resulting in such serious consequences. If the perpetrator's act of destroying flammable and explosive equipment may cause serious consequences, it is neither intentional nor negligent subjectively, which is an accident and does not constitute a crime.
legal ground
Criminal law of the people's Republic of China
Article 119 Whoever destroys means of transport, traffic facilities, power equipment, gas equipment and inflammable and explosive equipment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
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 minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.