"Dangerous To Approach The Crime Of Endangering Public Security" To Perfect The Legislation

The continuous development of society, we need to constantlyperfect law environment as its basis. As our country criminal law thelegal system in crucial one annulus, its perfect degree directly related toChina’s law environment and social stability. The improvement of thecriminal law not only reflected in legislation technology, also reflectedin the legislation idea. Legal punishment of modern criminal law as themost important principle, its importance is beyond doubt, but also themodern criminal law perfect an important power source.However, from our country criminal legislation practice, there aresome legal punishment is not consistent with the practice to dangerousmeans to endanger public security sin is one of them, this crime as asafeguard social stability and a important charge, in a certain extentturned into a "box". In the academic circle, have to expand to endangerpublic security sin of the applicable scope of the existence, and in thejudicial practice in, the judge convicted, as long as it is feel that theremay be suspected of endangering public security, it will not get to, directapply this crime, contrary to the principle of a legally prescribedpunishment. Of course, not be denied, this kind of practice in certainlevel solved because of our country’s criminal legislation lag led somelegislation blank question, but will go down for a long time to ourcountry criminal law system of the adverse effects of perfect.This article from the legal punishment of the basic theory ofsocialism, the study of begin, discusses the methods to dangerousendangering public security realized in the legal punishment of sinconfusion, to China’s present criminal law in a dangerous method ofendangering public security of sin, and the application of "dangerousmethod" issues such as the definition of from the point of view of the legally prescribed punishment were analyzed and discussed, and putsforward the method to dangerous endangering public sin is necessary topoint of view. This paper are divided into three main part:(1) for the attention and the legally prescribed punishment in thecriminal law to implement and execute of theoretical research, after thestudy for the established the theoretical basis.(2) from the Angle of the legally prescribed punishment principle,and analyzes the dangerous means to endanger public security thecognizance of the sin of existing in the confusion and problems.(3) from the establishment of the principle of its affiliatedenterprises constitutive requirements and principles and the legislativemodel of list type are presented in terms of legal punishment from theperspective of perfect our country in a dangerous means to endangerpublic security and some assumptions of sin.Hope this research, can in a dangerous for our country’s method ofendangering public sin and perfect the principle of a legally prescribedpunishment in China’s criminal legislation in the implement offer somereference and using for reference.