Research On The Expansive Application Of Crime Of Endangering Public Security By Dangerous Methods

Over the years, there are more and more behaviors been convicted ofthe crime of endangering public security by dangerous methods. Such asthe fields of road traffic, the market economic order, the individualrights, social administration and so on. But the forms of behaviors arevarious. For example, traffic accident, production and sales of shoddyproducts, Pence, stealing the manhole cover and others.This crime, the same as the crime of arson, water sin,bang sin andothers which seriously endangering public security, are belong to the samearticles of law. It is considered as one of the most serious crimes againstthe public security. This is a catch-all clause which lacks of descriptionof the behavior in the legal provision. But in the juridical practice,many judicial officials did not grasp the essence well of this crime, whichlead to the growing expansive application of this crime. Affected by avariety of factors, this crime is falling into the circumstances ofmisread, expanded and abused. it is a violation of the principle oflegality and the criminal policy of temper justice with mercy. Thus, the author thinks it is necessary to carry out an in-depth research on thiscrime.In order to have a research on this crime,the article is divided intothree parts. First of all, it is a synoptic comment of the expansiveapplication problem of this crime. This part introduces some expansiveapplication situations in judicial interpretation and juridical practice.It analyzes reasons of the expansive application of the crime inlegislation, judiciary and policy. And it indicates some adverseconsequences of expansive application of the crime. The second partdiscusses some key conceptions of this crime deeply in theory, includingthe conception of public security, dangerous state and other dangerousmethods, defining the obscure elements of the crime in order to preventthe expansive application. The last part redefines some typical behaviorsconvicted as the crime of endangering public security by dangerous methodsin current juridical practice, and concludes theories of regulation inlegislation,judiciary and judicial officials—the principle oflegality.