Research On Dangerous Crime

Form of crime is decided by the development of society. As developing of society and advancing of ability of practice, at the background of risky society, human beings are facing more and more risks. Traditional criminal theory of the result duty has not adapted to the development of society. In order to protect legal interest fully, criminal law has to expand, as long as some serious behaviors cause dangerous state of real results, criminal law work out the behavior accomplished crime. Dangerous crime emerges. German and Japan adopt the system of three level crime constitutions, while our country adopts the system of four elements of crime constitution. The system of crime constitution is different, and classification of crime is also different. Researching dangerous crime of Chinese criminal law should stand on Chinese criminal and china current real life. The regulation of dangerous crime of Chinese criminal constraints judicial organ flexible applicable criminal punishment, and leads to criminal law is fallen into embarrassment. At the background of risky society, there brings new type of dangerous crime at the course of society development. Our current legislation of dangerous crime can not deal with it. Legislation organ should set up new type of dangerous crime. So this thesis stands on our criminal law and current real life to research the problems of dangerous crime, and hope that it helpful to solve all the problems.In prolegomenon, the thesis mainly discusses existential precondition of dangerous crime——the classification of crime. In the system of German and Japan three level crime constitution, according to behavior meets the first constitution whether need result, crime is classified into conduct crime and consequential crime. According to the legal interest how it is violated, crime is classified into actual damage crime and dangerous crime. The classification of conduct crime and consequential crime,actual damage crime and dangerous crime in German and Japan criminal law is decided by their crime constitution. Our country adopts four elements of crime constitution, so the path of classification of crime in German and Japan criminal law is not suitable for our classification of crime. At the system of our crime constitution, classification of crime should be based on the way of how the legal interest is violated, then combined with the concept of crime.In the first chapter, the thesis mainly summarizes the dangerous crime. Our special provisions of criminal law adopts the model of accomplished crime, and crime constitution can both cognizance fact and evaluate value. The danger of dangerous crime reflects both the threat to legal interest and reflect the dangerous state which behavior caused. The danger of dangerous crime has two functions, and different danger should use different way to judge. When two meaning of danger conflict, dangerous state should be considered as the base to judge the danger of violating legal interest. Dangerous crime is a kind of classification of crime which behavior causes the dangerous state of result occurred and danger of legal interest violated. The danger of dangerous crime can be classified into actual danger and abstract danger, so dangerous crime can also be classified into actual dangerous crime and abstract dangerous crime. The state of danger is the result of consequential crime, so dangerous crime is not consequential crime. Actual dangerous crime and abstract dangerous crime have correspondent actual damage crime. The danger of actual dangerous crime is statutory, and the danger of abstract dangerous crime is not. Our dangerous crime is different from that of German and Japan on the base,the standard of classification,the scope and function.The second chapter mainly discusses the type of dangerous crime. Actual dangerous crime is a type of behavior that the dangerous state of result and legal interest violated which behavior causes need to judge which is accomplished. At the background of risky society, some behaviors have serious social harm, in order to protect legal interest and prevent danger changed into reality, so criminal law prohibit dangerous state caused. Some behaviors which violate complicated object of crime can not judged whether it causes special danger of legal interest, so we must judge it actually. The danger is regulated as essentials of crime indictment in order to show the declaratory function of crime indictment. Actual dangerous crime should exist in the behavior which violates the legal interest of public safety and violate complicated object of crime. For judgment of the danger of actual dangerous crime, the dangerous state of result caused should be considered as object of judgment and judge whether the behavior causes the dangerous state of result and danger of legal interest violated with scientific standard at the time of performance. The judicial interpretation of supreme court and supreme prosecutorial office promulgated about the crime of production and sale of counterfeit drug overstep the regulation of actual dangerous crime, and crime of production and sale of counterfeit drug has changed into abstract dangerous crime.Abstract dangerous crime is a type of criminal behavior that implement special behavior and cause dangerous state of result and danger of legal interest which is accomplished. Abstract dangerous crime and actual dangerous crime share the same legislative cause as the type of dangerous crime. But owing to serious social harm of behavior of Abstract dangerous crime, implementing this type of behavior can cause serious actual harm, and prohibition of implementing the behavior can prevent the danger. So in order to prevent crime, the abstract dangerous crime is regulated in criminal law. Abstract dangerous crime should exist in the behavior which violates the legal interest of public safety and the behavior which has serious social harm. The scope of abstract dangerous crime should be limited. Abstract dangerous crime and actual dangerous crime are different. First, serious social harm can not be judged from the behavior of abstract dangerous crime, and it should combine object of crime; serious social harm can be judged from the behavior of actual dangerous crime. Second,the danger of actual crime need to be judged, but that of abstract crime need not to be judged. Abstract dangerous crime and conduct crime are different. First, the legal interest is violated actually by behavior of conduct crime, but the legal interest is only threatened by behavior of dangerous crime. Second, the harmful result of conduct crime is not stressed, while the behavior is stressed. Although the behavior of dangerous crime is stressed, the behavior should cause the danger of result. Some scholars consider that the danger need to be judged of the crime of firing of current living room in Japan criminal law, so the danger also need to be judged of arson in our criminal law. In fact, the crime of firing of current living room in Japan criminal law is different from arson in our criminal law. The model of legislation of abstract dangerous crime in our criminal is different from that of Japan criminal law.The third chapter mainly discusses the criminal pattern of dangerous criminal. As accomplishment model of special provision of criminal law, dangerous crime should have unfinished pattern. Although the regulation of dangerous crime in our criminal law can provide explicit method of applicable criminal punishment, it falls into embarrassment on dealing with the case of Delta attempted crime of explosion which it can not meet the requirement of suiting punishment to crime punishment fits the crime. In fact, attempted crime of actual damage crime can solve the problem of current dangerous crime deal with successfully, so it can not reach the aim that the dangerous crime is considered as attempted crime of actual damage crime and constraints judicial organ flexible applicable criminal punishment. So the relation of actual damage crime and dangerous crime should be divided by the requirement of suiting punishment to crime punishment fits the crime. The dangerous state is separated from actual crime, So behavior which is accomplished with the subjective of dangerous state comprises dangerous crime and behavior which is accomplished with the subjective of actual result comprises actual crime. The scope of dangerous crime which deals with is advanced and criminal law will be more flexible, then the scope of treatment will also be enlarged. The question whether there exists discontinued crime after dangerous state appears is based on distinguish between the danger of accomplished dangerous crime and danger of attempted actual crime. In actual crime, there exists discontinued crime after dangerous state appears; In dangerous crime, if dangerous state does not present stationary and stable state, there exists discontinued crime.The fourth chapter mainly discusses the tendency of dangerous crime. Entering twentieth century, at the background of risky society, society control decreased at transitional period, the value of social harm which is changing make new type of dangerous crime generated at the course of social development——potential danger. The danger of dangerous crime which is currently regulated in our criminal law is actual, meanwhile there exist many problems when current suit system deals with this type of behavior. So some scholars claim to establish involuntary dangerous crime to solve these problems and consider that there are involuntary dangerous crimes in special provisions criminal law. However, it will cause many problems to establish involuntary dangerous crime. Actually, involuntary dangerous crime is the behavior of administrative illegality, and there are not involuntary dangerous crimes in our criminal law. For new typical type of dangerous crime as drunk drive, it is convicted as the crime of endangering public security with dangerous method. The way which will make the regulation of traffic accident crime frustration is incorrectness. Not all new types of dangerous behavior should be criminalized. If other law and way may solve these problems,it should not be criminalized. Currently, some serious social behaviors should be criminalized and establish new type of dangerous crime.The thesis applies the way of comparative analysis to compare our dangerous crime and German-Japan dangerous crime. Applying the way of linguistic analyzes some concepts. Applying the way of sociology analyzes the background of dangerous crime. Applying the way of law cultural analyzes some basic notions.