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重大矿难事故的司法认定主要根据责任人的主观罪过不同而罪名有异:主观为过失,则构成“重大责任事故罪”;间接故意的构成“以危险方法危害公共安全罪”。根据肇事者应当认知的水平,认为实施某行为可能导致社会危害结果但轻信能够避免的理由成立,应属于过于自信的过失;明知自己行为会导致矿难事故的发生,为了追求经济利益仍然实施的,应属于间接故意。
Judicial recognition of a major mine accident is mainly based on the subjective sin of the responsible person, but different for different charges: subjective as a negligence, constitutes a “serious accidental accident”; “indirect intentional constitution” “endangering public safety crimes by dangerous methods.” According to the perpetrators should be cognitive level, that the implementation of a behavior may lead to social harm results but credulity to avoid the establishment of grounds should belong to overconfidence of negligence; know their behavior will lead to the occurrence of mining accidents, in pursuit of economic interests are still implemented , Should be indirect intention.