Distinction Between The Traffic Accident Crime And The Crime Of Endangering Public Safety

In recent years, with the frequent cases of malignant traffic accident, the frequencyof application of the Crime of Endangering Public Safety in public transportation fieldalso shows ascendant trend. But the boundary between the Traffic Accident Crime andthe Crime of Endangering Public Safety is not quite clear. Usually, the court applicatethe Crime of Endangering Public Safety due to the severity of harmful consequences ina traffic accident, which is obviously not in conformity of the criminal law. Therefore,to distinguish the Traffic Accident Crime and the Crime of Endangering Public Safety,and to make accurate interpretation of "dangerous methods" is necessary.In this paper, through the analysis the major difference between the TrafficAccident Crime and the Crime of Endangering Public Safety, and combined with therelations in China’s criminal law system, induction, summary two crimes boundaries aresubjective in the objective aspect, aspects, in order to achieve the boundary points of thetwo crime objective. The full text is divided into three parts.The first part introduces the case and the focus of controversy, including the classiccase of induction, ask questions, and provide the starting point for the analysis of thecontent of the main part.The second part is the main body of the paper and the core part. First of all, discusswhat are “dangerous methods”, to make analysis and discussion with the “dangerousmethods", to reveal the essence and connotation of "dangerous methods". Secondly,distinguish the overconfident negligence and indirect intention, cognizance thesubjective fault with practice. Thirdly, analyze whether the Traffic Accident Crime canbe transformed into the Crime of Endangering Public Safety. Finally, analyze theessence of "two incident" theory.The third part, analysis of the case, with this view on the dispute cases in the firstpart of the thesis proposed are analyzed and discussed, summed up the two crimeanalysis from the actual case angle divided, and the expression of thesis.