Dangerous Means For The Crime Of Endangering Public Safety Research

Endangering the public safety of dangerous crime is a serious danger to public personal and property security and social stability of the vicious crimes in the country, "Criminal Law" and arson, explosive offense put on the crime side by side a hazardous substance, harmful consequences can be seen. In recent years, judicial practice, the existence of the charges tend to be broadly applicable, in addition to the provisions of the legislation itself there is a lack of outside, today’s understanding and public opinion even further. As a judicial workers and students, writing for the purpose of this paper lies in the paradoxical, ambiguous things to be clarified and clear, to help people, especially lawyers reduction or exclusion errors.This article is divided into four parts:Part I:from the "public safety" meaning, "not specific to the majority" is defined as working, risk analysis method to the object of the crime of endangering public safety features. The so-called "public safety", is not specific to the majority of human life, health, and major public and private property; the so-called "non-specific groups" refers to harmful acts endanger the implementation of the object is not a particular majority, it is a "public security "of the important characteristics, understanding the" not specific groups "will be able to correctly define the public safety.Part II:the consequences of criminal behavior from the start, we analyzed the risk of the crime of endangering the public safety objective characteristics. Focus on the "dangerous level" because it is the achievement of the key elements of the crime objective, although the implementation of the behavior of other dangerous methods, but not "enough" to cause the majority of people are not given serious injury or death, public or private property, the serious consequences of heavy losses, not achieved the objective elements of the crime on, which is said to clear the crime of "crime" and "not a crime," the boundaries, we must correctly determine the "sufficient" the meaning of the word, and behavior from the behavior occurred when the position combination of subjective and objective conditions to understand the real possibility of danger to the state.Part III:From the perpetrator’s state of mind to proceed, we analyzed the risk of endangering the public safety, the subjective characteristics of the crime, the subjective existence of "intentional." The so-called "willful" refers to the implementation of the perpetrator know that their risk behavior is not specific enough to cause many deaths, serious injuries and loss of public and private property damage results, but still hope for or indifference to the occurrence of harmful results. As with other offenses, the crime of intentionally divided both direct and indirect intent.Part IV:From the judicial instance, analyzes the risk of a broad approach for the crime of endangering public safety and to overcome the status of recommendations. Mainly through the Crime of similar offenses, intentional homicide, intentional assault of a comparative study to clarify the application of this crime easy to errors exist, and put forward recommendations to overcome.Contribution of this paper lies in the awareness of the errors previously made clear, defined and screening deficiencies in the theoretical discussion is not deep enough.