Several Questions Involving Crimes Against Public Security By Dangerous Means

As the last choice for charging by articles No.114&115 of the Criminal Law, Crimes against public security by dangerous means had been chosen by many persons before the special action for targeting the drunk driving, hoping that some legal offenses will be charged by criminal law. But if it is reasonable has to be based on both the theoretical and practical research on this crime.The first part is definition of related basic concept. After studying the conception of public security and dangerous means, this paper points out that indefinite persons only are the ones who might be threatened, not include the consequences which should be considered in the field of dangerous means. Multitude may be bounded as more than three persons. Dangerous means include both the danger of consequence and methods, which can be measured by whether it is out of control or at a high degree of probability. And dangerous behavior must use the dangerous means.The second part mainly studies three argumentative illegal behaviors: the subsequent hit-and-run after a traffic accident, threatening driving, and stealing of community facilities. By analysis, this paper points out that subsequent hit-and-run is neither an offence transformation of crime of causing traffic casualties, nor fatalities caused by escaping, and whether it can be charged as a crime against public security by dangerous means has to analyze the positive attitude. Threatening driving and stealing of community facilities both cannot be rashly charged as a crime against public security by dangerous means, the probability of charging against this crime must consider the positive attitude based at the hazardous consequences.The third part is about the criminal policy of temper justice with mercy. It points out that although public policy has become an external parameter of the structure of the criminal law system in now society, criminal law still cannot be swung by considering its role as a guarantee law. The risk of instability of the bound of crimes against public security by dangerous means does exist in this society full of behaviors against public security, but we need not rashly enlarge or narrow the bound under the contemporary spirit of the criminal policy of temper justice with mercy.