On The Judicial Determination Of The Crime Of Endangering Public Security With The Dangerous Method

This paper researches the judicial determination of the crime of endangering publicsecurity with the dangerous method. This crime exists in the second chapter of Chinesecriminal law.Due to the representation of the constituent elements about the publicsafety, dangerous methods， the dangerous state and indirect intent of this code is toosimple and abstract, this crime is on the understanding widely generalization and on theapplication flood. I assess opinions and interpret restrictively the specific elementsof constituting this crime, in order to prevent the code being Miscellaneous Provisions.This paper is divided into four parts: the first part is the judicial determination of thepublic security. I begin with a typical case to introduce the views of public safety athome and abroad, and then analyze them. I define the scope and content of publicsecurity, clarify the relations between "the nonspecific people" and "the majoritypeople". Finally, I draw a conclusion that the public security, in the criminal law sense,is "the lives, bodies of the nonspecific or majority people and major public and privateproperty safety". The second part is the judicial determination of the dangerous method.I illustrate the "Clenbuterol" case to analyze the perspectives of the content and thenature of the dangerous method. I point out the dangerous method should onlybe limited and equivalent with andarson and the other four behaviors methods. Itexcludes other harmful behaviors that the special express stipulation in criminallaw.And the equivalent danger, as the nature of dangerous method, means it may leadthe harm result of violating public security and real possibility. It has the characters ofdirect, independent and disposable. The third part is the judicial determinationof dangerous state. I introduce the "Xiao Yongling mailed false anthrax" case andanalyze the perspectives of dangerous offense about the crime and the dangerous state.I come to a conclusion that this crime is the concrete dangerous offense. The dangerousstate includes the objective injury consequences that the harmful behavior causedand real danger. Namely, it has a threat to the interests or the possibility and urgency todevelop real danger. At last I expound the influencing required factors of the dangerousstate, which is objectivity, legality, expectations and real possibility. The fourth part isthe judicial determination of indirect intention. I present the "Sun Weiming" case and analyze the different opinions and comments about the indirect intention and definethe judgment standard of the indirect intention. I declare my understanding of cognitionfactor“maybe know” and will factor“indulgence”.And then put forward my opinionthat the subjective convictions of different cases should be c analyzed comprehensivelyby the specific circumstances and all evidence.Due to the abusing of the crime in the judicial practice, so in this paper, I start from thetypical certainly practice cases, and analyze them from four angles of how to get thecorrect definition and application in judicial practice. And I launch for the study of thischarge. I combine with my understanding and analyze the theoretical perspectives andthe cases in great detail. I try to understand it reasonably and grasp it accurately forjudicial determination.