Study On Crime Of Negligently Endanger Public Security In A Dangerous Way

AbstractCrime of negligently endanger public security in a dangerous way is the115th in second paragraph of'the People's Republic of China Criminal Law," However the theory of the fault of the crime of endangering public safety in a dangerous way in the law and research books of articles on a relatively small number for reference.With the social development and diversification of people's lives.,there has been an increasing number of acts in real life that the charges relatedly and closely to it, Whether in theory or in the judicial practice, there is some differences. How to look at fault of the crime of endangering public safety in a dangerous way, the identification of the specific circumstances of subjective aspects of "faulf"how to determine. in particular, the objective elements of the crime of "dangerous methods" at the scope and concept. how to be understood in real life. The applications of correctly are affecting the realization of justice, but also a bearing on how to correctly determine the nature of criminal acts and to give an appropriate penal sanctions.So that play a role and in line with penalties for the purpose of crime prevention and sanctions.In this paper, the case for the introduction of drag races with Hu Bin case. According to judicial practice and legal circles in the case of an enormous controversy and differences on research into the fault of the crime of endangering public safety in a dangerous way.Research on the charge structure is divided into four major parts: The first part is the law of the offense described mainly from the concept of the offense characteristics and the elements that constitute a crime, and how to identify aspects of the various elements discussed.The second part is the focus of this article, this section is a detailed analysis of the understanding of the specific charges, the charges by the negligence, dangerous methods, public safety three basic parts. This section is mainly discussed from three aspects of start, first of all the subjective aspects of "fault" analysis is to specify the specific circumstances in different from aspects of fault provisions how to identify the perpetrator's subjective state of mind in combination with Hu Bin case Second, is a "dangerous methods" to focus discussion and analysis, but also the top priority of this article,That part of the difference from the "dangerous methods" characteristics, theoretical basis for discussion in areas such as to define "dangerous methods" the connotation and extension, combined with our judicial practice in the relevant case to summing up the risk of the other ways. In this section, in close connection with the case of the drag racing Hu Bin. To understand and sought to clear properties of motorcycle drag racing nature of the act. The third part, through the dispute of case Hu Bin drag racing to compare and analyze the case of similar to the characteristics of the composition of the crime. The fourth part is set out on the fault to dangerous means, the legislative basis and principles of the crime.