Research On The Crimes Against Public Security By Other Dangerous Means

The crimes against public security by other dangerous means, is a kind of crime that seriously threatening public securities, safety of property and social stability. In China, the Criminal is ambiguous about it, leading to abused in the judicial practice on the crimes against public security by other dangerous means.In this paper, a large number of specific cases and analysis, from the core principles of criminal law-doctrine of a legally prescribed punishment for crime and penalty, reflection on the crimes against public security by other dangerous means of the problems and the defects, and comparative law on the crimes against public security by other dangerous means in the Criminal of other nations, and then specializing the crimes against public security by other dangerous means in Criminal of China.This paper consists of four parts:The first part is described in the crimes against public security by other dangerous means by two sides.At first the history and value orientation of crimes against public security by other dangerous means presented. And then elaborated by constitution the basic elements of the crimes against public security by other dangerous means.The second part, through a large number of actual cases, such as drunken driving case, the case of stealing manhole covers,linking up power case, the racing case,Pengci and so on, offered problems of the crimes against public security by other dangerous means in judicial practice. Most of the actual case in question is to identify dangerous means, or to distinguish between similar charges.The third part, under doctrine of a legally prescribed punishment for crime and penalty to analyse the problems of the crimes against public security by other dangerous means.Value and demands of doctrine of a legally prescribed punishment for crime and penalty been presented. Then incompatible sides with the doctrine and its consequence been pointed out.The fourth part, improvement and development of the crimes against public security by other dangerous means.By Comparative Law on the crimes against public security by other dangerous means, and reference on legislation experiences the crimes against public security of Chinese Taiwan, Japan and other nations. Eventually offered to the crimes against public security by other dangerous means improvement and development of the program. By the point of view of legislation to differentiate the crimes against public security by other dangerous means; from the perspective of judicial interpretation to refine the crimes against public security by other dangerous means.