What are the criminal elements of the crime of negligent delivery of dangerous substances in Texas?

Object elements The object of this crime is public safety, that is, the life and health of unspecified majority and the safety of major public and private property. The criminal object of this crime is specific, that is, dangerous goods that can cause serious accidents, cause serious injuries and deaths or cause heavy losses to public and private property. Including: (1) explosives, which refer to various initiating devices such as detonators, fuses, nonel tubes, non-conductive explosion systems, various initiating devices such as mercury chloride, thunder silver and lead trinitrobenzene, nitro compound explosives, nitramine, etc. (2) Flammable articles, such as gasoline, alcohol, liquefied gas, gas, hydrogen, film and other flammable liquids, flammable solids, spontaneous combustion articles, etc. ; (3) Radioactive substances refer to harmful substances produced by rays released during nuclear fission of atoms, such as radioactive chemical elements such as radium, uranium and cobalt; (4) Toxic substances, such as methamidophos, aluminum phosphide, arsenic, pentachlorophenol, potassium chloride, sodium cyanide, omethoate, dichlorvos and trichlorfon; (5) Corrosive substances such as sulfuric acid, hydrochloric acid and nitric acid. Explosives, flammable, radioactive, toxic and corrosive substances all have dual attributes. On the one hand, they can benefit mankind. In fact, a large part of it has been used in national defense construction, economic construction and people's daily life. For example, explosive materials are widely used in road construction, mining and military industry. Flammable substances are mostly used in transportation and energy, radioactive substances can be used in power generation and medical and health undertakings, toxic substances are widely used in agriculture and forestry to kill insects, and corrosive substances are important chemical raw materials. Moreover, with the development of socialist modernization, the scope of use of the above-mentioned dangerous goods will be wider and more diverse. On the other hand, due to the inherent dangerous characteristics of the above-mentioned dangerous goods, if they are slightly improper in production, storage, transportation and use, major accidents will easily occur, which will damage the lives and health of unspecified majority and the safety of major public and private property. Therefore, this article stipulates that anyone who violates the regulations on the management of dangerous goods and causes major accidents in production, storage, transportation and use shall be investigated for criminal responsibility according to law. This crime is objectively manifested as an act of violating the regulations on the management of dangerous goods in the process of producing, storing, transporting and using dangerous goods, resulting in a major accident. 1, the perpetrator must violate the regulations on the management of dangerous goods. Due to the inherent high risk of dangerous goods, in the process of production, storage, transportation and use, once used and managed improperly, major accidents may occur, causing serious consequences and endangering public safety. In order to ensure the safe production, storage, transportation and use of the above-mentioned dangerous goods, the relevant state departments have successively promulgated a series of dangerous goods management regulations, such as Regulations on the Management of Explosives for Civil Use, Regulations on the Safety Management of Chemical Dangerous Goods, Regulations on the Protection of Radioisotopes and Radiation Devices, Regulations on the Management of Nuclear Materials and Regulations on the Management of Explosives for Civil Use. Regulations on the Safety Supervision and Administration of Nuclear Facilities, Measures for the Administration of Toxic Drugs for Medical Use and Regulations on the Safe Use of Pesticides. The above Regulations on the Administration of Dangerous Goods have clear and specific provisions on the scope and types of dangerous goods and the specific management measures for their production, storage, transportation and use. When determining whether the actor has the objective characteristics of violating the regulations on the management of dangerous goods, we must strictly follow the regulations on the management of dangerous goods in order to make a correct determination. Violation of dangerous goods management regulations may constitute this crime, which is a prerequisite for the establishment of 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. Violations of the Regulations on the Administration of Dangerous Goods must occur during the production, storage, transportation and use of the above-mentioned dangerous goods. The production of dangerous goods refers to the production of dangerous goods such as detonators and explosives; Dangerous goods storage refers to the storage and placement of dangerous goods; The transportation of dangerous goods refers to the transportation of dangerous goods from place A to place B; The use of dangerous goods refers to the use of dangerous goods in actual production and life, such as the use of dichlorvos to kill insects. Although there are various forms of violating the Regulations on the Administration of Dangerous Goods in different processes, there are mainly the following specific situations. In production, safety facilities such as ventilation, fire prevention, explosion prevention, anti-virus, monitoring, alarm, moisture prevention, lightning protection, anti-static and isolation operation are not set according to the specified requirements. For example, factories and production equipment do not meet the requirements of fire prevention and explosion prevention, and explosive flammable materials are produced without authorization; In terms of storage, there is no designated person for management according to the regulations, and no corresponding safety facilities such as explosion prevention, pressure relief, fire prevention, lightning protection, fire extinguishing, sun protection, temperature regulation, static elimination and dike protection, such as failing to store goods according to safety regulations such as performance classification; In terms of transportation, it is manifested in violation of relevant regulations, passenger and cargo mixed loading is not transported, unloaded and driven without speed limit, cargo containers and packaging do not meet safety regulations, and escorts or escorts do not leave their posts without permission according to regulations; In terms of use, it shows that it has not been used in accordance with the prescribed dosage, scope and method or has not taken necessary protective measures. Only when the actor violates the regulations on the management of dangerous goods in the process of producing, storing, transporting and using dangerous goods can this crime be constituted. If the perpetrator has a major accident related to dangerous goods on other occasions, it does not constitute this crime. 3, must be due to violation of dangerous goods management regulations, and a major accident, causing serious consequences. This is the result condition that constitutes this crime. If the actor violates the regulations on the management of dangerous goods in the process of producing, storing, transporting and using dangerous goods, and the consequences are not serious, it does not constitute this crime. Those who meet the constitutive requirements of other crimes such as the crime of illegally carrying dangerous goods to endanger public security shall be punished as other crimes. The so-called serious accident or serious consequence refers to serious injury, death or heavy loss of public or private property. 4, a major accident, causing serious consequences, must be caused by violation of dangerous goods management regulations, that is, there is a causal relationship between the two in criminal law. This is the objective basis for determining whether the actor should bear criminal responsibility. If a major accident occurs, and the serious consequences are not caused by the actor's violation of dangerous goods management regulations during the production, storage, transportation and use of dangerous goods, it does not constitute this crime. Subject Elements The subject of this crime is the general subject. Judging from the cases in judicial practice, it is mainly engaged in the production, storage, transportation and use of explosive, flammable, radioactive, toxic and corrosive substances. But it does not rule out that others may also constitute this crime. Subjective elements This crime is subjectively manifested as negligence. In other words, the actor has subjective psychology of negligence or overconfidence in the harmful results caused by violating the regulations on the management of dangerous goods. As for the offender's violation of the Regulations on the Administration of Dangerous Goods, it may be due to negligence or intentional.