The Application Of The Penalty Revolving The Crime Against Public Security By Dangerous Means

Recent years, with a series of universal impact cases, like “Sun Weiming” case and“Sanlu milk power” case2，have been sentenced to the crime against public security bydangerous means. There are many hot discussions about the revolving problems, betweenthe theorists and the practitioners. And the controversies focus on which one crime it is.However, the applicability of the penalty has been ignored. As people’s rights awarenesscontinues to strengthen, more and more people concerts the importance of the human rights.On the fifth session of the11th National People’s Congress,"respecting and protectinghuman rights" is written to Criminal Procedure Law. And whether the application of crimeis appropriate has a direct relationship with the defendants and the victims’ rights. Thepenalty applicable to the crime against public security by dangerous means will get muchmore attention.The article is divided into three parts. The first part analyzes the statutory sentenceconfiguration and grounds of the crime against public security by dangerous means. Thispart explants in detail the revolving authorities. The second part analyzes the problems thatoccurred in process of the application. The last part proposes some advice about thoseproblems, in order to further improve the crime’s punishment system. These coincide withthe principles of criminal law, and to better reflect the spirit of the age and value of thecriminal law. All of this is to implement the policy of combining punishment with leniencypenalty.