Research On The Crime Of Endangeirng Public Secuirty With The Dangerous Method

Penal code Article114, the115th rightness endangered public and safe offense tomake explicit rules in dangerous way. But want from it the faintness of the description,hope in the judicatory to practice to apply this offense to is in the reasonableexactitude to common of the judicial worker put forward a difficulty, although theSupreme People’s Court and tallest people checks a Cha hospital as to it’s make somejudicatory explain, even if plus is freely cut by limiting judge to measure power, thisoffense also unavoidably hasn’t perfect place. This style of writing with current penalcode basic theory for the radicle order, at respect a penal code method regulation ruleFan under, give a clear and clear definition to this offense, hope to help judicialworker exactitude reasonable to apply this offense.The second part is case focus and rift opinion. Analyzing this case to settle issexual of main controversy focus.Third part: The legal theory is analytical. This the part is the core of thesis, maindiscussed five problems. A, whether this offense exists not yet finished appearance.Article assertion originally the offense make a form in the danger bottom to still keepexisting criminal not yet finished appearance. B, endanger the definition problem of"other dangerous methods in the public offense in dangerous way. Assertion shouldwith the behavior carry out of concrete situation and method whether has and sets fire,definitely the risks like water is mostly and very consideration basis. C, emphasizeanalytical in dangerous way harm in the middle of the public and safe offense thedefinition of "public safety", the assertion should combines a typeface explanationand system explanation method, particularly is fixed attention on to to the "notparticular" comprehension. D, to the rationality study of this document exampleprocessing result. E, put forward strict mutually help a pertaining to crime policy inthe current breadth underneath to criminal offence the breadth, the strict responsibilitythen is strict, putting forward should carefully use, reasonable apply to endangerpublic and safe offense in dangerous way.