Dangerous Means The Crime Of Endangering Public Safety Problems Analysis

In recent years, such as "milk powder"incident, Hangzhou "drag racing" cases, and all over the frequent cases of drunk driving accident, all reminders of the insecurity of modern risk society. Dangerous means the crime of endangering public safety but also with the occurrence of these major events into one eye, and have become increasingly concerned about the trend. For various reasons, especially the criminal law on neonatal behavior seriously endangers public safety can not be effectively regulated. Thus, when the current provisions of the Criminal Code provisions not expressly or whose behavior is inconsistent with the actual, but when, in order to punish acts of such a serious harm to the judiciary it "approach to risk endangering public security " to do more broadly interpreted, so that Convicted of the act, to stability and the public, and also to prevent similar incidents.However, to some extent, this practice is a violation of the principle of legality and the principle of suiting punishment, some behavior is not dangerous methods should be included in the scope of the crime of endangering public safety. Therefore, this article hopes to dangerous methods of the crime of endangering public safety as defined from theory to practice, to clear the connotation and extension of the crime, to prevent its abuse.Paper is divided into four parts:the first part, from the legislative history, crime characteristics and criminal punishment constitutes the three aspects of the crime of endangering public safety hazard methods were reviewed; the second part, through the analysis of real case, summed up China's academic circles Dangerous means the crime of endangering public safety and Review of the dispute, which found that a dangerous method of the crime of endangering public safety practices confusion; the third part, through the "dangerous methods " identified Viewpoints and the principle of legality of the value analysis, summarized in Dangerous means the theory of the crime of endangering public safety confusion; fourth part, on the "dangerous method "to locate, in a dangerous way to further clarify the crime of endangering public safety limits and related charges, explore dangerous means the crime of endangering public safety and criminal justice improvements Explained that in order to explore ways of endangering public safety in a dangerous solution to the problem of the Crime of ideas.