Judicial Application Of The Crime Of Endangering Public Security With The Dangerous Method

As a result of public events arising, the crime of endangering public security with the dangerous method is more and more valued by public. But the provisions’ uncertainty about this crime makes it confused to be applied.About the crime, the thesis points out the problems in theoretical level and practical level. Author defines the words which are indistinct and discusses the distinction between this crime and other crimes. Finally, the thesis points out three ways to improve the law. The full text is divided into four parts.The first part concerns the problems of provision on the crime of endangering public security with the dangerous method and the significance of its improvement. First of all, the author expounds its position in chapter of Crimes of Endangering Public Security and the provision’s defect in both constitution of law and the accusation. The imperfections in constitution of law are reflected in the object of crime and the objective aspects of crime. Aimed to those imperfections, author suggests to define the crime of endangering public security with the dangerous method. Secondly, the author made a discussion on significance of its definitude. Significance is discussed in terms of accusation’s function, the system of the Criminal Law and Criminal Law’s societal function.The second part concerns the definition of public security and dangerous methods, at the same time, author expounds key words and relational factors in its definition. First of all, author analyses several main academic viewpoints of public security. Those academic viewpoints mainly revolve on specific and unspecific. The author analyses specific, unspecific, majority and public psychology. Author makes a discussion on those factors’definitions, standards, conditions. Secondly, author defined and divided the dangerous. On the basis of defining the dangerous method, author suggests enumerate typical method to guide this crime’s application.In the third part, the author makes a discussion on the confused accusations in judicial practice. Diverse situations of crimes and its blurred constitution of law make it hard to distinguish similar crimes. The thesis points out the difference in judicial practice on Traffic Accident Crime, Crime of Steal and Crime of manufacture explosion.The fourth section presents the different views and reasons for the abolition of this crime.Based on this crime’s reservations, author points out three methods to improve this crime.First, using judicial interpretation to refine a list of dangerous methods. The second way is to divide this crime into other developed crimes. The third way is to establish new accusations according to typical methods of this crime.