China Endangering The Rationalization Of The Public Safety System Of The Crime

The crime against public security is a type of crime endangers the body and property of public, and the society stabilizes seriously. The academic circles of Penal code in our country defines the content of these crimes some faintnesses, and the system of the crimes against public security in Penal code also has some unreasonable factors. This article try to make further introspect and discuss on the content and the characteristic of the crimes against public security, and do some comparisons on the systems of these crimes between some countries. On the base of them this article puts forward some speculations on how to adjust the system of the crimes against public security.The article is constituted from three parts.In the first part, I explore the characteristics of the crimes against public security in three aspects."The public security"is the body and property benefits of the not particular objects in society. The object that the word"not particular"is polished is the crime object which is different from the behavior object. The not particular character of crime object makes the difference between the crimes against public security and other crimes. The crimes against public security have four expresses in their objective aspects, including the person himself who did the behavior is out of control, the means by which the person to make convict is out of control, the particular object that the behavior acted on directly is out of control, and the object of behavior itself is dangerous. The person who commits a crime intentionally doesn't choose in subject aspect. And the person who commits a crime accidentally has no chance to choose in subject aspect.The second part of this article has investigated the difference among some other countries such as Italy, Germany, Japan and France, to learn from them experiences. Italy, Germany and Japan used the special Chapter to rule the crimes against public security concentrated, but France didn't do that, they dispersed them to other Chapters. The Penal rules of the three countries that rule the crimes against public security concentrated incarnate the not particular character of crime object.The third part of this article is how to make the system of the crimes against public security more reasonable. There are two problems in the legislation for crimes against public security in our country, the connotation does not unified, and the denotation is too wide. So, to adjust the system of the crimes against public security we should on the character of not particular basis. Add some crimes that have the characters of the crimes against public security to the system, take some crimes that haven't the character out of the system, and to dispose a kind of crime after break apart it.