The Use Of Dangerous Methods To End The Crime Of Public Safety In The Field Of Road Traffic

In recent years, a series of serious road traffic safety accidents had happened in our country, such as sunweiming case, hu bin’s case, criminal suspects driving behavior caused extremely serious harm and strong impacts in the society. In the road traffic areas, judges tend to crime of endangering public security with dangerous method for convicted criminal suspects,with the purpose of implementation of a crackdown on crime.Method to dangerous crime of endangering public security, in accordance with the legislation should be designed for social harm is bigger, must pass stringent criminal punishment to achieve the target, relatively serious social harmfulness of crime. In judicial practice, in all industries and fields, the crime of endangering public security with dangerous method has expanded the applicable trend, especially in the more public attention and road traffic safety field, which is closely linked with the masses life far to expand its applicable condition, influence their perception of the social from all walks of life to this crime, and also makes some serious traffic offense behavior, under the trend of public opinion is considered as the crime of endangering public security with dangerous method, appear even the chaos in the judicial application.Crime of endangering public security with dangerous method, as a typical "whole", the judges appear to apply to the field of road traffic and there is nothing wrong. "To" public security "dangerous method" the understanding of different, lead to the understanding of this crime, there is deviation, until this crime as a universally applicable charges, forced to various kinds of crime, the crime as a judge to deal with public opinion, solving the case repeatedly try and cool "magic weapon". Even in practice, some is not serious traffic offense behavior, has also been identified as crime of endangering public security with dangerous method. Road traffic areas, thus endangering public security with dangerous method of expansion problem is very outstanding. And the reason will appear this problem, and the lack of legislation and judicial practice of this crime itself judge misread from the relationship, and the social public improper intervention in the judicial activities under heavy thoughts also have relations.Obviously, the expansion of the crime of endangering public security with dangerous method used is not reasonable, is the principle of a legally prescribed punishment and the austerity of criminal law the principle of the violation, is also a suspect to disregard and abuse of human rights. To solve this problem, must limit when applied in the field of road traffic, crime is to consummate the legislation, through to the improvement of the traffic accident crime and the crime of dangerous driving, make some which is suitable for the cases involving the two charges no longer applicable endangering public security in a dangerous way, and in order to improve the quality and ability to judge, so that they can follow the principle of a legally prescribed punishment for a fair and just trial. Still should improve the legal consciousness of the public, to avoid improper formation of public opinion to judicial intervention and interference.