Research On The Restrictive Application Of Crime Of Endangering The Public Security With Dangerous Methods

When it comes to the 21st century, the unbelievable rapid development of modern science and technology has profoundly changed people's lives, providing conveniences which are not foreseeable in the past, and also created unprecedented risks. In recent years, cases like"Sanlu milk powder"incident, Hangzhou"drag racing"cases, and the diffuseness of influenza A H1N1 which is so far still risk, are all reminding us the insecurity of modern risk society. However, for various reasons, the law, especially the Criminal Law, can not effectively regulate serious of new behaviors endangering the public security. Thus, when the actual behavior is not accord with current provisions of Criminal Law, or is even not provided, the judicial therefore interprets the crime of endangering the public security with dangerous methods extensively, in order to punish this kind of behavior. Thus, these behaviors are considered as crime, reassuring the public security and preventing similar incidents.I think it is a violation of the principle of a prescribed punishment for a specified crime and proportion between crime and punishment. Some behaviors should not be considered as the crime of endangering the public security with dangerous methods at all. Therefore, this article defines the above crime, hoping to make the connotation and denotation clear, to prevent the expansive application.The article is divided into three parts. The first part is an overview of the crime of endangering the public security with dangerous methods. This part defines the connotation and application situation of the crime, by concluding the provisions, elements and unique characteristics of the crime and analyzing the situation and reason of the expansive application of the crime, indicating that the expansive application may lead to some adverse consequences. The second part theoretically discusses elements of the crime of endangering the public security with dangerous methods deeply, including"public security", dangerous methods and danger, defining the vague elements of the crime and preventing the expansive application in practice. The third part analyzes each typical behavior identified as the crime of endangering the public security with dangerous methods in the practice field, considering some of them should not be recognized as this crime. At the same time, serious of social harmful typical behaviors emerging in recent years are also introduced, removing some of them from being defined as the crime of endangering the public security with dangerous methods.Considering the present research, the crime of endangering the public security with dangerous methods is not researched in depth. Practice area of expanding the application of the mentioned crime has been growing. Therefore, this article follows the principle of a prescribed punishment for a specified crime, systematically studying the theory and restrictively limiting the application of the mentioned crime. I hope that this article could provide some inspiration for the theory, and a reference for the judicial practice.