(A) the object elements
The object of this crime is the safety of people's property and life and the national building management system.
(b) objective factors
Objectively, this crime is manifested as an act of violating the state regulations, lowering the engineering quality standards and causing major safety accidents. Violation of state regulations and serious consequences are the essential characteristics of this kind of criminal behavior. The so-called violation of state regulations refers to violation of state laws and regulations on quality supervision and management of construction projects.
(3) Main elements
The subject of this crime is a special subject and a unit crime. The main body can only be the personnel who are directly responsible for the quality and safety of the construction project in the construction unit, design unit or construction unit and project supervision unit. The so-called construction unit refers to an enterprise engaged in real estate development and management for profit, or other units that are approved by the relevant state departments and have the qualification of project builders and can pay the project price.
(4) Subjective factors
This crime is subjectively manifested as negligence. It can be negligence or overconfidence. The negligence mentioned here refers to the psychological state of the harmful consequences caused by the actor to himself. But for those who violate state regulations, they sometimes knowingly commit crimes. The actor knew that he had violated the state regulations and should have foreseen the possible serious consequences. However, due to negligence, he did not foresee them, or although he had foreseen some serious consequences, his credulity could have been avoided, resulting in serious consequences.
Legal basis:
Safety production law
Article 3 Work safety in production should be people-oriented, adhere to safe development, adhere to the policy of safety first, prevention first and comprehensive management, strengthen and implement the main responsibility of production and business units, and establish a mechanism in which production and business units are responsible, employees participate, government supervision, industry self-discipline and social supervision.