On Illegal Possession Of Firearms, Ammunition, Controlled Knives, Dangerous Goods, The Crime Of Endangering Public Safety

97Criminal Law of China in the sub-second chapter of the crime of endangering public safety addition of illegal possession of firearms, ammunition, controlled knives, dangerous goods, the crime of endangering public safety, the new offense, an additional increase public safety efforts in protecting the judicial use of also caused a lot of controversy-where controversy is subjective sin in the form of the crime and dangerous nature. The direct cause leading to this controversy is that our country theoretical circles vague understanding of sin and Perilous two major problems. First, the establishment of a specific crime, the counts in the objective need to have "behavior and behavior caused the harm results. The behavior of the implementation of the provisions of the type of behavior is obviously intentional, but for the attitude of the results caused by the act, sometimes it is difficult to judge.130of the Penal Code illegal possession of firearms, ammunition, controlled knives, hazardous materials, endangering public safety crime, the illegal carrying of firearms, ammunition, controlled knives, dangerous goods "and" access to public places or public transport "behavior is behavior intend to implement, but the dangerous results for "endangering public security", whether the perpetrator was deliberate, there is a big controversy. Some scholars believe that the behavior occurred "endanger public safety" of the results is not a hope or a laissez-faire, and even in some cases the perpetrator in order to avoid the risk of the occurrence of the public safety has taken certain precautions, the perpetrator of the "threat to the public safety risk results should be negligence. But a fatal flaw in the view, can not explain this strange conclusion "Potential Damage". The one hand, To illustrate the behavior of the results of "endangering public safety" is not intentional, on the other hand, in order to avoid the embarrassing conclusion of the "Potential Damage", some scholars have tried to find the answer from the sin standards, that sin is the subjective attitude of the behavior rather than the attitude of the results. However, the sin standards identified for the attitude of the perpetrator of the acts, most scholars accept the pass, but also with the Criminal Law to the contrary. Some scholars insist that sin is the attitude of the perpetrator of the results, and illegal possession of firearms, ammunition, controlled knives, dangerous goods, endanger public safety on the Crime is intentional, the actor knowingly bring their own firearms, ammunition, controlled knives, hazardous materials, and know yourself into public places or on public transport tool ", then the perpetrator should know that their behavior will definitely have a serious threat to public safety. Secondly, the dangerous results for "endangering public security", the risk of dangerous or abstract Perilous belong to specific Perilous also affect the recognition of this crime. When the danger posed by the actors to carry firearms, ammunition, controlled knives, dangerous goods "and" access to public places or on public transport "is the abstract danger, you can experience according to the general situation of the act itself or the general social life, Determining that the behavior has occurred against the results of the possibility. Again, when the person to carry firearms, ammunition, controlled knives, dangerous goods into public places or on public transport,130of the Penal Code the penalty for causing serious injury or death, or public or private property, significant loss "can be applied? In other words,130of the Penal Code is able to include "causing serious injury, death or property of the company significant loss" situation? A comprehensive analysis of this article, will focus on these three issues, in order to help the judicial practice.China’s criminal law field.