Research Of "Dangerous Crime Of Theory" Of China

In our society, with the development of the industry and technology, many delinquent actions make public safety and important interests in danger. For protecting some serious interests, the people believe that we penalize the dangerous before these actions have led to harm results. As these actions have threat some interests, scholars named the crime from actions above "crime of dangerous act". On the surface, the idea that we regard the dangerous actions as crime is against the key principle of restraint in criminal law. However, if we compare with the other principle of criminal law, such as protecting human rights, control crimes, etc. we can know this is a result of balance. As we known, it is emphasized that as Herzog said, not the real harmful result, but the valueless action for prevent some dangerous actions. For protecting some key interests by law, the crime of dangerous act has been embodied in many state's criminal law. And the scholar has attached importance to research the theory of crime of dangerous act. Now as Lackner said, the research of crime of dangerous act has become the pet of the criminal hermeneutic from the unimportant part.In our country, influenced by Civil Law and Soviet, crime of dangerous act has been stipulated in China's Criminal Law, the scholar also pay attention to this theme. However, as an exotic, the theory of crime of dangerous act has a dramatically native process, so scholars have not a well-rounded theory about the crime of dangerous act. For example, we have no unanimous cognition about the concept of the crime of dangerous act. Which lead a bad influence to the legislation and the judicial practice on the crime of dangerous act. So, I think that we should study the crime ofdangerous act's theory deeply. This essay is an attempt.This essay will include five parts. Firstly, I will see about the definition and character of the crime of dangerous act. Based on the theory of comparative law, on one hand, I will browse the definitions of the crime of dangerous act, and define the crime of dangerous act. On the other hand, I will score and define the character of the crime of dangerous act. Secondly, I will attach importance to the temperament of crime of dangerous act. In this part, following the theory of the comparative law, I will score the series of standpoints about the temperament of crime of dangerous act, and put forward myself view. Thirdly, I will discuss the classification of the crime of dangerous act including the idiographic crime of dangerous act & abstract crime of dangerous act, the intent crime of dangerous act & misstep crime of dangerous act, the individual crime of dangerous act & corporation crime of dangerous act. For the forth part, I will discuss the form of the crime of dangerous act, in this part, I will analyze the accomplished offence, the consumption attempt and coincidental offence of the crime of dangerous act. Finally, I will simply discuss the plural crimes of the crime of dangerous act.