Object elements. The object of the crime of major safety accidents in educational facilities is the normal activities of schools and other educational institutions and the personal safety of teachers, students and employees. Education is the foundation of socialist modernization, and school buildings and teaching facilities are the most basic conditions for education. The educational and teaching facilities in the school building must meet certain safety standards to ensure the normal teaching order and the personal safety of teachers, students and employees. If the school buildings and teaching facilities do not meet the safety standards, once a major safety accident occurs in the teaching facilities, it will not only cause serious casualties of unspecified teachers and students and heavy losses of state property, but also disrupt the normal teaching order and cause bad social impact. Therefore, the person in charge and the person directly responsible for taking safety measures for school buildings, education and teaching facilities must correctly perform their duties and safeguard normal teaching activities and the personal safety of teachers, students and employees. Objective elements. Objectively, this crime is manifested in the act of not taking measures or reporting in time knowing that the school building or educational and teaching facilities are in danger, resulting in a major accident. 1. School buildings or teaching facilities are in danger. The so-called school buildings refer to classrooms, teaching buildings, administrative offices, dormitories, reading rooms and other educational institutions. Education and teaching facilities refer to various facilities and equipment used for education and teaching, such as laboratories and experimental equipment, sports venues and equipment. The so-called knowing that school buildings or educational and teaching facilities are in danger means knowing that school buildings or educational and teaching facilities are in danger of collapse or personal injury accidents. Although the school building or teaching facilities are dangerous, they don't know it, so it can't constitute this crime. 2. Failure to take measures includes not taking any measures at all and taking measures, but perfunctory, posturing and ineffective measures. Failure to report in time means that there is no report at all, or even if it is reported, it is not timely. In due course, it should be understood here that once the danger is found, it should be reported immediately. There must be inaction in not taking measures or not reporting in time. Know the danger and take timely measures; Or report it in time when no measures can be taken, even if there is a major casualty accident, it does not constitute this crime. Those who can take effective measures and report to the relevant personnel without taking effective measures should also be punished as this crime, rather than shirking their responsibilities on the grounds that they cannot report in time. As for the specific way, there are various ways. For example, the leaders in charge of education of people's governments at all levels are indifferent to the dangers of schools, and should invest in the renovation and maintenance of dangerous houses instead of in time, or although they know the dangers, they do not organize and coordinate all forces in time to carry out maintenance and renovation; The principal and vice-principal in charge of education and teaching facilities in the school never ask about the situation of school buildings or education and teaching facilities, do not check frequently, and do not take preventive measures in time when problems are found. The school buildings that have been identified as dangerous buildings are still in use. If there are serious hidden dangers, no reinforcement will be arranged. If the school cannot solve them, it will not report to the local government and the education administrative department in time. School teachers do not report the danger in time, and dangerous teaching equipment, instruments and meters are not replaced in time. When a dangerous situation occurs, the relevant maintenance personnel fail to carry out normal inspection and maintenance of the school building according to their own duties, or delay maintenance measures for dangerous buildings that should be repaired immediately. 3. Causing heavy casualties. The so-called major casualty accidents mainly refer to: (1) death 1 person or more, (2) serious injury to more than 3 people. Although there are acts of not taking measures or reporting in time, there is no safety accident, or although there is an accident, it is not a major casualty accident; And although it is a major casualty accident, it is not caused by failure to take measures or report in time, that is, it is not caused by the danger of school buildings or educational and teaching facilities. Theme elements. The subject of this crime is a special subject, that is, the direct personnel who have the obligation to maintain school buildings or educational and teaching facilities. Mainly school leaders and employees responsible for school logistics maintenance. 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. However, the behavior of the actor who fails to take measures or report in time is sometimes knowingly committed. The actor knew that the school building or educational and teaching facilities were in danger, but he didn't think it would have serious consequences immediately, or thought it could be avoided, resulting in serious consequences.

legal ground

Criminal law of the people's Republic of China

Article 138 Whoever knowingly fails to take measures or report in time the dangers of school buildings or educational and teaching facilities, thus causing heavy casualties, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.