What are the criminal elements of the crime of negligent release of hazardous substances in Texas

Objective elements The object violated by this crime is public **** security, that is, the life and health of an unspecified majority of people and the security of significant public and private property. The object of this crime is specific, that is, can cause a major accident, causing serious injury, death or public and private property suffered major losses of dangerous goods, it includes: (1) explosive substances, refers to detonators, fuses, detonating tubes, non-electric detonation system and other detonating equipment, mercuric mines, mercury, silver, trinitroresorcinol lead and other types of detonating agents, nitro compounds explosives, nitro amine explosives, nitrate explosives, high explosives, mixed explosives, nitrochemical explosives. explosives, high-energy mixed explosives, blasting agents and other types of explosives, as well as pyrotechnics, civil flares, fireworks, etc.; (2) flammable items, such as gasoline, alcohol, liquefied gas, gas, hydrogen, film, and other flammable liquids, flammable solids, spontaneous combustion of goods, etc.; (3) radioactive items, refers to the harm through the fission of the nucleus of the atomic rays released during the action of the material, such as radium, uranium, cobalt and other radioactive chemical elements; (4) poisonous articles, such as methamidophos, aluminum phosphide, arsenic, pentachlorophenol, potassium chloride, sodium cyanide, oxalic acid, dichlorvos, trichlorfon, etc.; (5) corrosive articles, such as sulfuric acid, hydrochloric acid, nitric acid, etc. Explosives, flammable, radioactive, toxic and corrosive substances have dual attributes. On the one hand, they can benefit mankind, in fact, a large part of them have been used for national defense construction, economic construction and people's daily life, such as explosive substances are widely used in road building, mining, military industry; flammable substances are mostly used in transportation and energy, radioactive substances can be used for power generation and medical and health care, poisonous substances are widely used in agriculture, forestry and pest control, corrosive substances is an important chemical raw material Corrosive substances are important chemical raw materials. Moreover, with the development of socialist modernization, the scope of use of the above dangerous goods will become broader and more diversified. However, on the other hand, due to the inherent dangerous properties of the above-mentioned dangerous goods, if they are not properly produced, stored, transported or used, it is extremely easy for major accidents to occur, jeopardizing the lives and health of an unspecified number of people as well as the safety of significant public and private property. Therefore, this article stipulates that for the violation of the management regulations of hazardous substances, in the production, storage, transportation, use of major accidents, resulting in serious consequences, shall be investigated in accordance with the criminal tribute. Objective Elements This crime is manifested in the objective aspect as the act of violating the regulations on the management of hazardous substances in the process of producing, storing, transporting or using hazardous substances, and a major accident occurs, resulting in serious consequences. 1. The perpetrator must have violated the regulations on the management of dangerous goods. Due to the high degree of danger inherent in dangerous goods themselves, in the process of production, storage, transportation and use, once they are used or managed improperly, major accidents may occur, causing serious consequences and jeopardizing the safety of public ****. In order to ensure the safe production, storage, transportation and use of the above-mentioned dangerous goods, the relevant state departments have successively issued a series of regulations on the management of dangerous goods, such as the Regulations on the Administration of Explosives for Civil Uses, the Regulations on the Safe Administration of Chemical Dangerous Goods, the Regulations on the Placement and Protection of Radioisotopes and Radiation Devices, the Regulations on the Administration of Nuclear Materials, the Regulations on the Administration of Safety Supervision and Control of Nuclear Facilities, the Measures for the Administration of Poisonous Drugs for Medical Purposes, the Regulations on the Safe Use of Pesticides, and the Measures for the Administration of Pesticides. Administrative Measures on Toxic Drugs for Medical Purposes, Regulations on the Safe Use of Pesticides, Rules on the Transportation of Dangerous Goods, Several Measures on the Handling of Dangerous Goods, and Emergency Circular on Strengthening the Safe Production Management of Fireworks and Firecrackers Enterprises. The aforementioned regulations on the management of dangerous goods contain clear and specific provisions on the scope and types of dangerous goods and the specific management methods for their production, storage, transportation and use. In determining whether the perpetrator has violated the regulations on the management of dangerous goods, which is an objective characteristic, it is necessary to strictly follow the regulations on the management of dangerous goods in order to make a correct determination. Violation of the regulations on the management of dangerous goods may constitute this crime, which is a prerequisite for this crime. If the perpetrator does not violate the regulations on the management of dangerous goods, even if a major accident occurs and causes serious consequences, it does not constitute this crime. 2. The act of violating the regulations on the management of dangerous goods must take place in the process of producing, storing, transporting or using the said dangerous goods. Production of dangerous goods means engaging in the production of dangerous goods, such as manufacturing detonators, explosives, etc.; storage of dangerous goods means engaging in the custodianship of dangerous goods; transportation of dangerous goods means engaging in the transportation of dangerous goods from place A to place B; use of dangerous goods means using dangerous goods in actual production and life, such as the use of dichlorvos to kill insects. Although the forms of violation of the regulations on the management of dangerous goods in different processes are various, there are mainly the following specific situations. In terms of production, it is manifested in the failure to set up appropriate ventilation, fire prevention, explosion-proof, anti-poisoning, monitoring, alarming, moisture-proof, lightning protection, anti-static, isolation operation and other safety facilities in accordance with the prescribed requirements, such as unauthorized production of explosive and flammable goods in plants and production equipment that do not conform to the regulations on fire prevention and explosion-proof. In the aspect of storage, it is manifested in not setting up people to manage according to the regulations, not setting up corresponding safety facilities such as explosion-proof, pressure relief, fire prevention, lightning protection, fire extinguishing, sun-proof, temperature adjustment, elimination of static electricity, protection berm, etc., such as not storing goods according to the safety regulations such as performance classification, etc.; in the aspect of transportation, it is manifested in violating the relevant regulations, mixing passengers and cargoes, not transporting them separately and unloading them separately according to the regulations, not traveling with a speed limit, and not complying with the safety regulations on the containers and packages of the cargoes. selecting escorts according to regulations or escorts going AWOL; in terms of use, it is manifested in not using it according to the prescribed dosage, scope and method or not taking necessary protective measures. Only when the perpetrator violates the regulations on the management of dangerous goods in the course of producing, storing, transporting or using dangerous goods can he or she constitute this crime. If the perpetrator has a major accident related to dangerous goods on other occasions, it does not constitute this crime. 3. A major accident must occur as a result of violating the regulations on the management of dangerous goods, resulting in serious consequences. This is the result condition that constitutes this crime. If the perpetrator violates the regulations on the management of dangerous goods in the course of production, storage, remote transportation or use of dangerous goods without causing any consequences, or if the consequences caused are not serious, the crime will not be constituted. If the elements of other crimes are met, such as the crime of endangering the safety of public **** by illegally carrying dangerous goods, the crime will be punished as other crimes. The so-called major accidents or serious consequences refer to those that cause serious injury or death of a person or cause public or private property to suffer major losses. 4. The occurrence of a major accident with serious consequences must be caused by the act of violating the regulations on the management of dangerous goods, i.e., there is a criminal law causal relationship between the two. This is the objective basis for determining whether the perpetrator should bear criminal responsibility. If a major accident occurs and the serious consequences are not caused by the perpetrator's violation of the regulations on the management of dangerous goods in the process of producing, storing, transporting or using dangerous goods, the crime is not constituted. Subjective Elements The subject of this crime is a general subject. From the judicial practice of the case, mainly engaged in the production, storage, transportation, use of explosive, flammable, radioactive, poisonous, corrosive substances employees. But do not rule out that other people may also constitute this crime. Subjective elements This crime is manifested as negligence in the subjective aspect. That is, the perpetrator of the violation of the provisions of dangerous goods management of the harmful results caused by the behavior of carelessness or overconfidence in the subjective psychology. As for the perpetrator of the violation of the provisions of the management of dangerous goods itself may be out of negligence, may also be out of intent.