Analysis Of The "Crime Of Endangering Public Security With The Dangerous Method"

Crime of endangering the public security by using dangerous methods is illustrated in Articles 114 and 115 of Criminal Law of the People’s Republic of China. As both of the provisions do not specify the elements of the constitution of the crime, during the judicial practices, the explanation of the application of this crime has been expanded according to the needs of the criminal policy.The paper believes that the process of judicial applications of substantive articles is based on interpretation, which should indicate a full grasp of the relevant articles, including its legislative background and its meanings. Comparing with other crimes, the key to interpret the Crime of endangering the public security by using dangerous methods is to focus on the essence of the dangerous methods along with the other elements of the constitution of the crime.This article is divided into three parts. The first part indicates the problems occurring in the application of Articles 114,115 and leads to the way to deal with these issues by interpreting the essence of "other dangerous methods", one of the constituent elements of this crime. The send sector focuses on the discussion of the meaning of "other dangerous methods", which mainly defines the "public security" and discusses the factors of "dangerous methods". The last part demonstrates other relevant practical issues, including the clarification of the subjective culpability of the crime.