Legal Analysis Of The Case That Mr.Zhang Endangered Public Security With Dangerous Methods

With the rapid development of transport, traffic accidents also frequently occur. In the application of criminal penalties for offenders in traffic accidents, combined facts of the case with the relevant provisions under the Criminal Code, correcting conviction and sentencing is of great significance. In this essay, author take "Zhang use dangerous means to endanger public safety case" for example, through three controversial issues to discuss the specific application of self-help behavior, sin form and surrender system in a traffic accident. Combined with our existing laws and related legal theory, author also proposed some suggestions. The full text contains four parts.The first part, this section briefly describes the case, that is zhang suffered a beat from wan who is also a driver, in order to intercept wan's desire to leave,his illegal driving led a tragedy that a bus passenger song who was catching up on the bus died. Author provided relevant materials and evidences from the court, evaluated the trial of Court of First Instance, and proposed three controversial issues in this case.The second part. this section introduces the three major controversial issues in this case, the legal theory of knowledge and the specific provisions of existing laws and regulations which are involved in these controversial issues. For example, the theory of self-help behavior, the theory of sin forms, the theory of surrender system.The third part, according to the specific cases "Zhang use dangerous means to endanger public safety" and theories stated in the second part, this section deeply analysis the three controversial issues in this case and reach a conclusion. Author holds that the defendant Zhang's guilty form should be the fault of over-confidence; it establishes surrender but does not constitute a self-help behavior. He should be punished by the Traffic Accident Crime.The forth part, this part reexamines the Zhang's case. Although Zhang's conduct did not constitute self-help behavior, writing acts of self-help into the Criminal law. Both from the improvement of our criminal justice system and correct conviction and sentencing, is very important. In addition, between the traffic accident crime and the crime of using dangerous ways to endanger public safety, legal penalty is very different. Improper application must bring huge losses to offenders. Therefore, conviction and sentencing should be cautious. And author put forward his own proposals, and expect it will bring some help to judicial practice.