| In March,2018,17 people died in the dragon boat wrecking in Guilin Taohua River,which seriously violated the legal interests protected by the criminal law.The main actors involved in this case are members of the Dragon Boat team,dragon boat crew members,lock attendants and lock management units,so who is responsible for the death?In order to solve this problem,this paper uses the criteria of c:rime constitution to analyze the case(which has not been sentenced before this paper)from the aspects of behavior,causality and subjectivity.Based on the analysis,the following conclusions are drawn:First,organizing the dragon boat exercises and rowing dragon boats to the village for dinner is legal.Second,the rubber dam is a new thing for the Dragon Boat crew and the wrecking is an accident.Third,participating in the dragon boat team and going to the dinner by rowing is also lawful and casualties caused by crossing rubber dams are accidental events.Fourth,the flaws in the safety management of the lock management unit do not constitute a crime but the unauthorized departure of lock attendants meets the constitutive requirements of the crime of dereliction of duty.Therefore,the locks on duty are responsible for the result of the death of the case and bear the corresponding criminal responsibility. |
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