On The Danger Of Potential Damage Offence

The risk of dangerous crimes committed in the core concept is dangerous elements, to precisely define the risk of dangerous crimes, and give this research is the concept of dangerous crimes shall be clear. Through to the dangerous make different understanding of the viewpoint that the contrast, dangerous crimes should be a form of crime accomplishment. Based on this, the paper on the risk of dangerous crimes on semantic analysis, and finally the defined, quilt is extremely dangerous act may cause, watch out for close to the real harm results happen legal objective fact state. In the behavior of the danger and the results of the dangerous position on the choice, this article selects the danger of the Angle of the risk of dangerous crimes investigation, think that it has the independent of behavior outside the important significance of attributes. For the existence of the fault dangerous crimes shall be in the modern society cannot avoid but shall be strictly restricted the scope of its existence. And this paper that the abstract danger and specific dangerous classification questionable, and abstract danger is in essence a kind of behavior properties rather than results attribute, the also not constitutions elements shall be included in the category of behavioral offence. In doing so, the risk of dangerous crimes is the result of the objective facts attribute is a specific form and the needs of the individual judge danger.The risk of dangerous crimes judgment needed to make sure a certain principle and method. This article from the behavior of the dangerous not to make a judgement principle and the method and the risk of dangerous crimes judgment to the similarities and differences, targeted to the risk of not to make a judgment on choice theory, it is concluded that the risk of dangerous crimes judge principle and methods, namely to insist that the position of objectivism, the objective facts and not the subjective judgment material, and to the objective facts cannot be abstraction, and with scientific standard and is not the average person standard for judging the basis, take beforehand judgment and the method of combining the judgment after the event. To the judicial practice in China to the risk of dangerous crimes in the concrete determination, should first will be the typical charges of scientific classification, this paper in our criminal law in typical provisions were classified as dangerous crimes committed, behavioral offence, real harm to make. To distinguish behavior made (abstract dangerous crimes) and dangerous crimes (specific dangerous crimes) that the differences between crime process, as a typical behavior to make (abstract dangerous crimes) of theft, robbery, robbery any guns, ammunition or explosives SINS is analyzed, explore the behavioral offence (abstract dangerous crimes) legislative intention, and on the cause of hot debate the SINS of dangerous driving drunk driving behavior to the danger of analysis. In the risk of dangerous crimes concrete determination in the problem, should be made by the judicial officials and other cognitive abilities have professional or specialized knowledge, comprehensive behavior and actions of the specific situation after concrete determination, it is a kind of judicial cognizance of the danger, is a kind of experience judgment. This article from the elements and behavior to act outside of the crime of facts and crime quantitative occurrence of time, such as place of external environment in the fact that summed up the risk of dangerous crimes can influence the judgment of factors, and with specific charges and the case were explained, in particular cases that the biggest degree of comprehensive case fact to find proper conclusion elements.This paper is to examine the risk of dangerous crimes concept will be abstract dangerous crimes committed category delimit behavior, will be dangerous crimes and behavior made the problem of confused in constitutive requirements shall be resolved level, at the same time, committed to the abstract danger of dislocation theory proves allowed and problems to be clear, perhaps this can barely be called on the innovation of this paper in it.